Terms and Agreements

Welcome to BowenworkFitness.com (the “Website”) an online personal training program owned and operated by BOWENWORK FITNESS (“BOWENWORK FITNESS”, “we”, “us” or “our”) that provides its Members (as defined below) with online personal training & fitness coaching sessions available through a mobile app or a web browser or other means (the “BOWENWORK FITNESS Service”). For greater certainty, “BOWENWORK FITNESS Service” includes any use of the mobile app or access to resources generated by BOWENWORK FITNESS (as defined below) through the mobile app, desktop or direct coaching. These terms & conditions are a legally binding agreement between you and BOWENWORK FITNESS regarding your use of the Website and use and purchase of BOWENWORK FITNESS Services or products. By accessing or using the Website or using or purchasing the BOWENWORK FITNESS Service or product, you acknowledge that you have read, understood and agree to be bound by these terms & conditions, including any additional guidelines, the BOWENWORK FITNESS Privacy Policy and any future modifications thereto (collectively, the “Agreement”), whether or not you become a member of BOWENWORK FITNESS by registering an account for the BOWENWORK FITNESS Service (“Member”).

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE BOWENWORK FITNESS PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR THE BOWENWORK FITNESS SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.

1. Content on the Website.

   You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare providers.

   If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare providers.

   If you think you may be suffering from any medical condition you should seek immediate medical attention.

   You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of the information on this website.

2. Account Security. As needed, you are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the BOWENWORK FITNESS Service. You agree to (a) immediately notify BOWENWORK FITNESS of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after training session. BOWENWORK FITNESS will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

3. Term and Termination. BOWENWORK FITNESS may, at its option, terminate your membership if (1) any payments are 30 days late, or repeatedly late, (2) the monthly EFT payments are interrupted or discontinued for any reason and you or your co-signer do not provide an acceptable alternative, (3) you violate any part of this agreement or (4) your conduct is improper or harmful to the best interest of BOWENWORK FITNESS or others. Termination is effective on the date BOWENWORK FITNESS mails a written notice to your last known address or sent to your Email on file. You are liable for all financial obligations until that date and for the dues and fees of any remaining unused months. If you prepaid your dues and fees, BOWENWORK FITNESS will not refund unused portion.

4. Your Interactions with Other Members. Interactions with Other users and Members. You are solely responsible for your interactions with other users of the Website (“Users”) or Members. BOWENWORK FITNESS makes no representations or warranties as to the conduct of Users or Members and shall not be in any way liable for any conduct of any User or Member. You agree to take reasonable precautions in all interactions with other Users and Members, particularly if you decide to meet offline or in person a User and/or a Member. You should not provide your financial information (for example, your credit card or bank account information) to other Users or Members. Release. You hereby release BOWENWORK FITNESS, its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users or Members.

5. Promotions, discounts and bonus time. BOWENWORK FITNESS may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enroll in BOWENWORK FITNESS services. All incentive programs adhere to the BOWENWORK FITNESS terms and conditions. New enrollment incentives are for first time clients only. Current members may not be eligible for current discounts or promotions. BOWENWORK FITNESS may run promotions exclusively for current and active clients or select groups of current and active clients and the terms and conditions related to internal marketing vary depending on the promotion type and details of such programs may not be included here.

6. Cancellation and Refund. By enrolling in any program and completing a purchase of any BOWENWORK FITNESS service you acknowledge and agree you have read and understands the Terms, Conditions, Procedures, Rules & Regulations of BOWENWORK FITNESS. You also acknowledge and agree to the following cancelation and refund policy: (1) You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day of enrollment, excluding Sundays and holidays. Enrollment is defined by submitting your first payment. (2) A refund or partial refund may be granted If you cancel this agreement within 5 days of signing. You may or may not be billed a minimum of $100 service fee for any work done by BOWENWORK FITNESS on your behalf within the 5-day cancellation term. This includes communication, administration, or any activity related to your program including technology service set-up (BOWENWORK FITNESS app), agreement generation, workout programming or meal planning, whether completed or not. (3) You the buyer acknowledge that there are refunds on meal plans and the full published retail price of a BOWENWORK FITNESS meal plan will be subtracted from your refund if a meal plan was delivered to you prior to cancellation in addition to the service fee outlined above. The published single meal plan retail price can be viewed at BowenworkFitness.com. (4) You also acknowledge that all BOWENWORK FITNESS subscription programs are a 30-day contract commitment and you will be responsible for the term of the agreement. (5) BOWENWORK FITNESS subscription programs may be canceled with written 10-day notice as indicated above and no refunds will be granted. (6) If purchaser/member dies or becomes legally disabled during the term of this agreement, he/she and his/her estate shall be relieved of the obligation to pay any remaining balance. (7) There are NO refunds on any delivered meal plan and verification of sent plans will be validated by the outgoing mail system of BOWENWORK FITNESS. (8) You acknowledge that the scheduling of coaching session is your responsibility and these sessions do not carry over monthly or accumulate. Each BOWENWORK FITNESS program includes a set monthly series of coaching sessions and they expire at the end of each billing cycle and are non-refundable. However, BOWENWORK FITNESS may accommodate you for planned absenteeism, emergencies, vacations or limited terms agreed upon separately from this agreement. Please coordinate with your BOWENWORK FITNESS coach for such accommodation.

7. Membership. If you select an available subscription service plan, you accept to reoccurring charges from Bowenwork Fitness. These are to continue indefinitely until you cancel the charges. BOWENWORK FITNESS is not responsible to cancel the charges. Your canceling the charges represents a termination in that service. Members using the BOWENWORK FITNESS Service to receive training, instruction, and coaching provided by BOWENWORK FITNESS fitness professionals (as described below), are known as “Clients”. Once enrolled, clients can use the mobile app and coaching services provided by BOWENWORK FITNESS or a 3 Party.

8. Modification of Terms. BOWENWORK FITNESS reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of BOWENWORK FITNESS Service after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website.

9. Individual Features and BOWENWORK FITNESS Services. When using the Website and/or the BOWENWORK FITNESS Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time on the Website (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of these terms & conditions conflict with any Guidelines, these terms & conditions shall prevail.

10. Privacy Policy. Your privacy is important to us. The BOWENWORK FITNESS Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

11. Eligibility. You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a Member or use the BOWENWORK FITNESS Service. Membership in the BOWENWORK FITNESS Service is restricted to natural persons. Membership to the BOWENWORK FITNESS Service is void where prohibited. By using the BOWENWORK FITNESS Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.
    • Proprietary Rights. BOWENWORK FITNESS, and its licensors, own and retain all proprietary rights in the Website and/or the BOWENWORK FITNESS Service. The Website and/or the BOWENWORK FITNESS Service contains content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services and other elements of BOWENWORK FITNESS (the “BOWENWORK FITNESS Materials”) that are protected by international conventions, and other relevant intellectual property and proprietary rights, and applicable laws. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, license, perform, display, or sell any BOWENWORK FITNESS Materials. BOWENWORK FITNESS Materials do not include User Content (as defined below) or other content submitted by Users. BOWENWORK FITNESS retains all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the Website, the BOWENWORK FITNESS Service or BOWENWORK FITNESS Materials, except for the limited rights set forth in this Agreement.
    • Reliance on Content. Advice, opinions, statements, offers, or other information or content, including without limitation User Content (as defined below), made available through the Website and/or the BOWENWORK FITNESS Service, but not directly by BOWENWORK FITNESS, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. BOWENWORK FITNESS does not: (i) guarantee the accuracy, integrity, quality, legality, safety, completeness, or usefulness of any information on the Website and/or the BOWENWORK FITNESS Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website and/or the BOWENWORK FITNESS Service. Under no circumstances will BOWENWORK FITNESS or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website and/or the BOWENWORK FITNESS Service or transmitted to or by any Users or Members.
    • Health Information. The information provided through the Website and/or the BOWENWORK FITNESS Service may contain general health information. THIS WEBSITE AND/OR BOWENWORK FITNESS SERVICE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE. You represent that you are in good physical condition and may have no medical reason, impairment, or disability that vie might prevent you from using all BOWENWORK FITNESS programs or services. As such, you acknowledge that BOWENWORK FITNESS did not give you medical advice before you enrolled, and cannot give you any after you enroll, or discuss them with your doctor before participating in any programming.

12. Content Posted by You on the Website and/or the BOWENWORK FITNESS Service.
    • Accurate Content. You are solely responsible for the User Content (as defined below) that you publish or display (a “post”) on the Website and/or the BOWENWORK FITNESS Service or transmit to other Users and/or Members through any media form.
    • Moderating Content. You understand and agree that BOWENWORK FITNESS may, but has no obligation to, moderate, review and delete any content, comments, messages, photos or profiles (collectively, “User Content”), in each case in whole or in part, that in the sole judgment of BOWENWORK FITNESS, violates this Agreement, might be offensive or illegal, or that might violate the rights or safety of other Users or Members.
    • License to User Content. By posting User Content to any public area of the Website and/or the BOWENWORK FITNESS Service, you automatically grant, and you represent and warrant that you have the right to grant, to BOWENWORK FITNESS, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User and Member of the Website and/or the BOWENWORK FITNESS Service a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the BOWENWORK FITNESS Service and this Agreement. The above license granted by you shall survive any termination or expiration of this Agreement.
    • Representations and Warranties. In connection with the User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to post the User Content to the Website and/or the BOWENWORK FITNESS Service, to authorize BOWENWORK FITNESS to use the User Content in the manner contemplated by BOWENWORK FITNESS and this Agreement, and to grant the rights and licenses set forth above, (ii) the public posting and use of your User Content by BOWENWORK FITNESS and other Users and Members will not infringe or violate the rights of any third party or violate any applicable law or regulation.
    • Prohibited User Content. The following is a partial list of the kind of User Content that is illegal or prohibited on the Website and/or the BOWENWORK FITNESS Service. BOWENWORK FITNESS reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and/or the BOWENWORK FITNESS Service and terminating the membership of such violators. It includes, but is not limited to, User Content that:
      • is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; or “phishing”
      • promotes information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually-oriented, racially offensive, defamatory, or libelous;
      • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
      • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Members; or
      • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
    • Member Profile. If used, all information you include in your member profile, including without limitation the information in your billing account, must be accurate, current and complete. If the information provided to BOWENWORK FITNESS, subsequently becomes inaccurate, misleading, or false, you will promptly notify BOWENWORK FITNESS of such change.
    • Prohibited Activities. BOWENWORK FITNESS reserves the right to investigate and terminate your membership if you have misused the Website and/or the BOWENWORK FITNESS Service, or behaved in a way that could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website and/or the BOWENWORK FITNESS Service:
      • You will not use the Website or the BOWENWORK FITNESS Service for any purpose that is unlawful or prohibited by this Agreement;
      • You will not impersonate any person or entity;
      • You will not “stalk” or otherwise harass any person;
      • You will not express or imply that any statements you make are endorsed by BOWENWORK FITNESS without our specific prior written consent;
      • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the BOWENWORK FITNESS Service or its contents;
      • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
      • You will not remove any copyright, trademark or other proprietary rights notices contained on the Website and/or the BOWENWORK FITNESS Service;
      • You will not interfere with or disrupt the Website and/or the BOWENWORK FITNESS Service or the servers or networks connected to the Website and/or the BOWENWORK FITNESS Service;
      • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      • You will not BOWENWORK FITNESS headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website and/or the BOWENWORK FITNESS Service;
      • You will not “frame” or “mirror” any part of the Website and/or the BOWENWORK FITNESS Service or the Website and/or the BOWENWORK FITNESS Service, without BOWENWORK FITNESS’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to BOWENWORK FITNESS, the Website or the BOWENWORK FITNESS Service in order to direct any person to any other website for any purpose;
      • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the BOWENWORK FITNESS Service or any software used on or for the Website or the BOWENWORK FITNESS Service or cause others to do so.

13. Modifications to the Website and/or the BOWENWORK FITNESS Service. BOWENWORK FITNESS reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the BOWENWORK FITNESS Service (or any part thereof) with or without notice. You agree that BOWENWORK FITNESS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the BOWENWORK FITNESS Service.
    • Live Class Time(s) and or Date(s) Adjustments. At times BOWENWORK FITNESS may change the date(s) and or time(s) of the Live Class(es). Any changes to the date(s) and or time(s) of the Live Class(es) is completely and wholly at the discretion of BOWENWORK FITNESS. BOWENWORK FITNESS may or may not ask for input about possible adjustments to the date(s) and or time(s) of the Live Class(es). If an adjustment(s) are made, announcements will be provided as far in advance as possible according to the circumstances. Announcements will be made through the normal channel(s) used at the time. If your schedule does not allow you to attend the Live Classes at their new the date(s) and or time(s), it is your responsibility to inform BOWENWORK Fitness. It is also your responsibility to cancel payment via the subscription or other payment service used at the time. All points in Section Cancellations and Refunds applies.
    • Live Class Adjustments or Cancellations. If a Live Class(es) cannot be conducted due to unusual circumstance(s), a pre-recorded class will be used. However, if due to very unusual circumstances and a pre-recorded class cannot be used, BOWENWORK FITNESS may have to cancel one or more Live Class(es). If this is the case, you will be provided with as much advanced notice as the circumstances allow. The communication will be provided through the normal channel(s) used at the time.
    • Live Class Attendance. Once you have paid BOWENWORK FITNESS for Live Class(es), it is your responsibility to attend. BOWENWORK FITNESS is not responsible for your attendance at a Live Class(es). You will not receive a pro-rated refund for any Live Class(es) not attended during a month. If you feel you may have extenuating circumstances, please contact BOWENWORK FITNESS with a detailed explanation via Email: Info@BowenworkFitness.com. Points from the Section Cancellations and Refunds apply.
    • Personal Training Session(s) Attendance. Once you have agreed to a scheduled Personal Training Session(s), it is your responsibility to attend. At the discretion of BOWENWORK FITNESS, you may be required to render payment if you miss the Personal Training Session(s) and do not provide at least a 24-hour advanced notice. Also at the discretion of BOWENWORK FITNESS, due to lack of attendance, the arrangement for Personal Training Session(s) may be terminated. BOWENWORK FITNESS will make reasonable efforts to reschedule Personal Training Session(s) as possible.

14. Blocking of IP Addresses. To protect the integrity of the Website and/or the BOWENWORK FITNESS Service, BOWENWORK FITNESS reserves the right at any time in its sole discretion to block Users or Members from certain IP addresses from accessing the Website and/or the BOWENWORK FITNESS Service.

15. Eligibility
    • Results Not Guaranteed. BOWENWORK FITNESS DOES NOT GUARANTEE ANY RESULTS FROM THE USE OF THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE. BOWENWORK FITNESS DOES NOT ENDORSE ANY FITNESS OR NUTRITION PROGRAM OFFERED THROUGH THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE. ANY STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY FITNESS PROFESSIONALS OR OTHER USERS OF THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE ARE SOLELY ATTRIBUTABLE TO THE FITNESS PROFESSIONAL OR USER. BOWENWORK FITNESS IS NOT LIABLE FOR ANY STATEMENTS OR GUARANTEES MADE BY FITNESS PROFESSIONALS OR OTHER USERS.
    • No Warranties; “As Is,” “As Available,” and “With All Faults”.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOWENWORK FITNESS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE, USER CONTENT, AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
    • Operation and Content. BOWENWORK FITNESS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION WITH THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE, WHETHER CAUSED BY USERS, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE. BOWENWORK FITNESS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. BOWENWORK FITNESS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE.
    • User and Member Conduct. BOWENWORK FITNESS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. UNDER NO CIRCUMSTANCES WILL BOWENWORK FITNESS OR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE, ANY CONTENT POSTED ON THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE OR TRANSMITTED TO USERS OR MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OR MEMBERS, WHETHER ONLINE OR OFFLINE. BOWENWORK FITNESS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR MEMBER AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.

16. Links and Third-Party BOWENWORK FITNESS Services. The Website and/or the BOWENWORK FITNESS Service may provide, or third parties may provide, links or functionality in the Website and/or the BOWENWORK FITNESS Service to other websites or third-party resources (“Third Party BOWENWORK FITNESS Services”). Because BOWENWORK FITNESS has no control over Third Party BOWENWORK FITNESS Services, you acknowledge and agree that BOWENWORK FITNESS is not responsible for the availability of the Third-Party BOWENWORK FITNESS Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party BOWENWORK FITNESS Services. You further acknowledge and agree that BOWENWORK FITNESS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party BOWENWORK FITNESS Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third-Party BOWENWORK FITNESS Services.

17. Release of Liability for Injury or Death; Limitation on Liability; Damages.
    • Release of Liability for Injury or Death. YOUR PARTICIPATION IN ONLINE TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR IS AT YOUR OWN RISK. Exercise programs of any kind represent an inherent danger to participants. BOWENWORK FITNESS IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT RESULTS FROM USE OF THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE INCLUDING PARTICIPATION IN ONLINE TRAINING SESSIONS. YOU RELEASE BOWENWORK FITNESS FROM ALL LIABILITY FOR INJURY OR DEATH THAT RESULTS FROM YOUR PARTICIPATION IN A TRAINING SESSION OR USE OF THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE. Members should consult a physician before beginning use of the BOWENWORK FITNESS Service or any exercise program or training session. Not all exercise programs or training sessions are appropriate for all Members. PLEASE CHECK ALL EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE BOWENWORK FITNESS SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, BOWENWORK FITNESS’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
    • Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event, and under no legal theory, including without limitation negligence, will BOWENWORK FITNESS or its affiliates, contractors, employees, agents or third party partners or suppliers be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profits, data or use or cost of cover, even if BOWENWORK FITNESS has been advised of the possibility of such damages. In cases where applicable law does not allow the above limitation of liability, BOWENWORK FITNESS’s liability will be limited to the extent permitted by applicable laws.
    • Nutrition and Fitness Disclaimer: The nutrition advice given by BOWENWORK FITNESS is based on the information you provided by completing and submitting a questionnaire(s). You understand it is your responsibility to provide complete and accurate information. You further understand and acknowledge BOWENWORK FITNESS provides general nutrition education and coaching and is a medically supervised program. You understand any menu program created for you by BOWENWORK FITNESS is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercises suggestions. You understand that no service or program provided by BOWENWORK FITNESS is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, disease, physical or mental. You understand that BOWENWORK FITNESS is in a licenses agreement with a third-party provider of nutrition and meal planning services and all meal plans are populated by that party for BOWENWORK FITNESS clients based on the data submitted by the client on this questionnaire.
    • Nutrition and/or Fitness Waiver and Covenant Not to Sue: You have volunteered to participate in a nutrition suggestion program under the guidance of BOWENWORK FITNESS which may include but may not be limited to nutrition planning and personalized coaching. In consideration of BOWENWORK FITNESS agreement to assist me, you do here and forever release and discharge and hereby hold harmless BOWENWORK FITNESS and their respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in any nutrition program including any injuries resulting there from. You acknowledge and agree that no warranties or representations have been made to me regarding the results you may or will achieve from this program. You understand that results are individual and may vary.
    • Nutrition Assumption of Risk: You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of. You are aware that specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all your medications with your doctor or pharmacist and do not hold BOWENWORK FITNESS responsible for food and medication reactions. You also understand the food suggestion plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific nutrition program designed for your use or may be advised to seek help from another health professional.

18. Indemnity by You. You agree to indemnify and hold BOWENWORK FITNESS, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, contractors, volunteers, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the BOWENWORK FITNESS Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. BOWENWORK FITNESS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BOWENWORK FITNESS and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BOWENWORK FITNESS. BOWENWORK FITNESS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

19. Miscellaneous.
    • BOWENWORK FITNESS may provide you with notices, by email or mobile app push notifications
    • No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
    • Jurisdiction and Choice of Law. This Website and the BOWENWORK FITNESS Service are controlled and operated by us and this Agreement, this Website, the BOWENWORK FITNESS Service and any use of the Website or the BOWENWORK FITNESS Service shall be governed by the laws of the state of Pennsylvania and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the State of Pennsylvania and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
    • A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of BOWENWORK FITNESS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
    • Entire Agreement. This is the entire agreement between you and BOWENWORK FITNESS relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by BOWENWORK FITNESS as set forth in Section 4 above.
    • If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
    • The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by BOWENWORK FITNESS without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
    • The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
    • YOU AND BOWENWORK FITNESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE BOWENWORK FITNESS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    • Phone Calls May Be Recorded: You understand that coaching calls with any BOWENWORK FITNESS contractors or staff may be recorded for quality and training purposes with or without notice. You hereby give permission to BOWENWORK FITNESS to record my phone calls and understand that copies of your phone calls may be requested for personal reference.
    • COVID-19 AND OTHER INFECTIOUS DISEASE. You acknowledge and understand some evidence has shown that COVID-19 and other infectious diseases may cause serious and potentially life-threatening illness and even death. You acknowledge that BOWENWORK FITNESS cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 or other infectious disease while utilizing BOWENWORK FITNESS services in third-party premises or anywhere else. It is not possible to prevent the presence of any disease. You understand if you choose to utilize recreational or fitness centers or supplemental services or enter into any third-party premises you may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19 or other infectious disease. You understand the above warning concerning COVID-19 or other infectious disease. You hereby choose to accept the risk of contracting COVID-19 or other infectious disease for myself and/or my children, family, friends, or colleagues when you enter potentially risky areas of third-party premises. You acknowledge that given the nature of virus and ease of transmission that there is inherent risk in using the service in high-risk areas or third-party premises. You affirm these services are of such value, that you accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other infectious disease to utilize the services. You hereby forever release and waive my right to bring suit against BOWENWORK FITNESS and its owner’s, officers, directors, managers, officials, trustees, agents, employees, or contractors in connection with exposure, infection, and/or spread of COVID-19 or other infectious disease related to utilizing BOWENWORK FITNESS services. You understand and acknowledge that BOWENWORK FITNESS provides home-based workouts as an option and you may request these workouts at any time.
    • HIPAA Compliance. In most circumstances the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) will not apply to your personal information that is shared with Bowenwork Fitness. However, if Bowenwork Fitness is providing services to you pursuant to an agreement with a Covered Entity, HIPAA may apply. In the event that HIPAA applies, Bowenwork Fitness will be bound to ensure your personal information will be used in accordance with the privacy policies of that Covered Entity subject to HIPAA requirements. If you have questions about whether HIPAA applies to the information that you share with Bowenwork Fitness, please contact us at info@BowenworkFitness.com.

20. How to Contact Us

    If you have any questions, comments, or concerns about these Terms & Conditions, Privacy Policy, or the information collection and usage practices of this Website, please contact us via Email: Info@BowenworkFitness.com.