Terms & Conditions
TERMS AND CONDITIONS FOR THE PURCHASE OF THE HIGH FITNESS AND/OR HIGH LOW INSTRUCTOR TRAINING PROGRAM
- “We” and “us” means High Fitness LP and its subsidiaries (“High Fitness”).
- “You” means the person placing an order for the Training.
This website, all content contained within it, and all materials you will receive through the Training is protected by copyright and no portion of it may be used without express written permission from High Fitness.
- By completing and submitting an electronic order form, you are making an offer to purchase the Training which, if accepted by us, will result in a binding contract. Please note that the purchase of the Training is not accepted until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
- After you have placed your order, you will receive an email to acknowledge your order. It will confirm your order, but it may not constitute an acceptance of your order. You may be directed to a third-party site to complete your order.
- We do not have to accept your order, and we reserve the right to refuse any order.
Pricing and Payment
- All references in these Terms and Conditions to any dollar amounts are identified in both U.S. dollars (“USD”) and Canadian dollars plus applicable Goods and Services Tax (“CAD plus GST”).
- You must pay a one-time fee for the Training in the amount of $250 (USD or CAD plus GST), if paid more than 14 days before the Training date, or $300 (USD or CAD plus GST), if paid 14 days before the Training date or sooner (“Instructor Training Fee”) for the Training.
- If you are purchasing the HIGH Low™ or HIGH Fitness training module, you must pay an additional one-time fee of $99.99 (“Module Fee”).
- The Instructor Training Fee will be refunded if the Training is cancelled by High Fitness, or otherwise in High Fitness’s sole discretion.
- If you wish to cancel your registration for the Training more than seven days in advance of the Training, High Fitness will refund the Instructor Training Fee, less a $30 (USD or CAD plus GST) processing Fee. If you cancel your registration for the Training less than seven days in advance of the Training, High Fitness will not provide a refund.
- Once you have completed the Training and High Fitness has approved your certification a High Fitness instructor, you must pay a monthly subscription fee in the amount of $35 (USD) or $40 (CAD plus GST) for access to the High Fitness instructor materials (“Monthly Subscription Fee”). High Fitness reserves the right to adjust the Monthly Subscription Fee in its sole discretion. Monthly Subscription Fees are not refundable and will not be prorated.
- You must initiate payment of the Monthly Subscription Fee within six months after the Training.
- You authorize High Fitness and its service providers to automatically charge or initiate transfers from the payment information you provided for the purpose of billing the recurring Monthly Subscription Fees, together with any service charges, applicable taxes, or any other authorized charges. High Fitness is not liable for any fees charged by your financial institution if a payment request is returned as uncollectable.
- Any applicable taxes on the payment of the Instructor Training Fee or the Monthly Subscription Fee are the sole responsibility of the Instructor.
- Your payment card will be debited for your order at the time the order is placed. By submitting an online order for the Training through High Fitness’s website, you expressly agree not to request a “charge back” of any fees or payments for said order and that no dispute with High Fitness will be raised with or adjudicated by the credit card company. Rather, you agree to contact High Fitness directly to resolve the issue or obtain a refund pursuant to the product guarantee.
- Where an offer mentions that the Training is reduced in price for any reason, the discount will be calculated at checkout.
- You must create a user account (“User Account”) via the Website in order to register for the Training.
- Your User Account and the recurring Monthly Subscription Fee may be placed on hold at any time for a minimum of two months and a maximum of 12 months (“Hold”), or otherwise in High Fitness’s sole discretion, during which time you will not have access to any choreography or instructor materials and will not be charged the Monthly Subscription Fee.
- Nine months after the User Account has been placed on Hold, you must send in a video to reactivate your User Account.
- You must not share your User Account login information with any third party, including other High Fitness instructors.
- By registering for a User Account, you consent to High Fitness using the information provided for the purpose of allowing access to instructor materials and collection of any applicable fees.
Changes to These Terms & Conditions
We reserve the right to change these Terms & Conditions for purchasing the Training online from time to time. If you do not wish to be governed by the Terms & Conditions, you must not purchase the Training.
High Fitness makes no representations or warranties, express or implied, with respect to High Fitness, its services, classes, training, or any High Fitness-related products, including warranties of fitness, merchantability, or noninfringement except those representations and warranties expressly provided herein. High Fitness makes no representation that the operation of its Website will be uninterrupted or error-free.
Assumption of Risk
You understand and agree that participation in the Training may involve inherent and unavoidable risks, including injury, paralysis, or even death. With complete awareness of such risks, you assume the risk of taking part in the Training and/or providing classes as a High Fitness instructor. High Fitness may not be safe or appropriate for everyone. You are encouraged to seek medical advice before participating in the Training or if you experience any medical condition affecting your ability to attend the Training. High Fitness assumes no responsibility for any consequence relating directly or indirectly from any of your action or inaction. If you are injured while participating in the Training, you assume any financial obligations for any medical costs you may incur.
You agree to defend (at High Fitness’s option), indemnify, and hold harmless High Fitness, its affiliates, and its and their officers, directors, employees, representatives, successors, and assigns, from and against all claims, damages, losses, and expenses (including costs and reasonable attorney fees), arising out of or resulting from (a) any action against High Fitness based on any of your negligent acts or omissions or intentional misconduct; or (b) your breach of any representation, warranty, or covenant contained in this Agreement.
Use of Image
- You irrevocably grant to High Fitness and its licensees, successors, assign, and heirs consent to use and full right and ownership of any image, video, voice, likeness, performance, and recordings (collectively, “Images or Recordings”) of you with regard to an in-person or live Training.
- You acknowledge that High Fitness owns all right, title, and interest in and to the Images or Recordings.
- You authorize High Fitness to copyright, adapt, edit, translate, summarize, reproduce, perform, display, distribute, publish, license, sublicense, sell, broadcast, post, stream over the internet, and otherwise use and allow others to use any and all parts of the Images or Recordings, in perpetuity and without territorial or geographical restrictions, and in any manner or form of media at High Fitness’s sole discretion.
- You agree that you have no right, title, or interest in or to the Images or Recordings or to any work comprising or based on the Images or Recordings, in whole or in part.
These Terms & Conditions are governed by the laws of the United States and the State of Utah and you and we agree to use the Utah courts should any dispute arise.
If any part of these Terms & Conditions is found to be invalid by law, the rest of them remain valid and enforceable.
Relationship Between You and High Fitness
- After you complete the Training and High Fitness approves your certification as a High Fitness instructor, you will be required to enter into a separate license agreement with High Fitness.
- Your relationship with High Fitness will be that of licensee to licensor.
- Nothing in these Terms and conditions or any purchase of the Training creates an employment, independent contractor, joint venture, partnership, or agency relationship between you and High Fitness.
I ACCEPT THESE TERMS AND CONDITIONS FOR THE PURCHASE OF THE HIGH FITNESS INSTRUCTOR TRAINING PROGRAM.