Terms & Conditions:
By checking the box you agree to the following statements in their entirety.I hereby execute this Waiver and Release in favor of Summa Fit LLC (a Utah limited liability company with principal place of business in Utah) and its members, managers, officers, employees, agents, and representatives (collectively, “Summa Fit”) as a condition of receiving and using Summa Fit Services (as defined below).
I acknowledge and understand that Summa Fit will endeavor to provide the most effective consultation and services to help me achieve my fitness, performance, and personal goals, but does not guarantee the suitability, safety, or results of any consultation, services, products, programs, methods, workouts, coaching, advice, recommendations, or routines provided by Summa Fit (collectively, “Summa Fit Services”). Summa Fit makes not representations or warranties of any kind, expressed or implied, including, but not limited to, warranties of fitness for any particular purpose.
I acknowledge and understand that any fitness or exercise activities (including the Summa Fit Services), and the use of training and fitness equipment and machinery, involve risks of serious injury, permanent disability, or death, even if done correctly and with utmost attention to safety. These risks include, but are not limited to, fainting; broken bones; strained or torn muscles, ligaments, tendons, and other connective tissues; herniated discs and other spinal injuries; cardiovascular or cerebrovascular events, including heart attack or stroke; conditions related to overexertion, including heat stroke/exhaustion or rhabdomyolysis; or damage to the nervous system, including irreversible damage to the brain or spinal cord. I further acknowledge and fully understand that participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and that there may be other risks associated with my participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time.
I hereby acknowledge and accept the foregoing risks, and hereby waive, release, and forever discharge Summa Fit from any and all liabilities for death, injuries or damages arising from, or in any way connected with, the Summa Fit Services, as well have from me engaging in any activities or exercises and from me using any equipment or machinery, regardless of any negligent or gross negligent acts or omissions of Summa Fit.
I acknowledge and understand that NO individuals associated with Summa Fit are licensed dietitians or licensed physicians. Accordingly, I understand and agree that the Summa Fit Services are not intended and do not create any physician/patient relationship or any other fiduciary duty to me. I acknowledge and agree that the Summa Fit Services are not intended to constitute and shall not be construed as medical advice or as treatment for any general or particular medical condition or pathology, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or fitness for a particular purpose. I understand that a physician’s approval is highly recommended prior to participating in any type of fitness or exercise activity (including the Summa Fit Services), and I hereby represent that I have either obtained a signed approval from a physician, or that I understand all of the risks inherent in such activities but have elected to engage in said activities without seeking prior approval by a physician.
I acknowledge and understand that the Summa Fit Services are proprietary to Summa Fit and are protected by applicable state and federal law. I also acknowledge that all Summa Fit Services are for my personal use and benefit only, and hereby agree that I will not use any Summa Fit Services (including, without limitation, any written, digital or verbal programs, routines, workouts, etc.) for any other purpose including, without limitation, any commercial purpose whatsoever. I further agree that I will not reproduce, redistribute or otherwise disseminate any Summa Fit Services in any manner without the prior, written permission of Summa Fit. I further acknowledge that if I violate these provisions, it will cause harm and damage to Summa Fit and that Summa Fit may exercise any and all rights and remedies that it has at law, by contract or in equity against me including, without limitation, the right to seek injunctive relief and the right to recover direct and indirect damages as well as attorneys’ fees and out-of-pocket costs associated with its enforcement of this document..
If a court of competent jurisdiction, or any other legal authority or governmental agency, declares any provision or section of this document invalid, the remaining provisions shall remain in full force and effect. Any lawsuit brought under or with respect to this document shall be brought in a State Court in Davis or Salt Lake County, Utah, and both parties irrevocably consent to venue and jurisdiction in that court. This document shall be governed by Utah law, irrespective of any choice of law principles. This document shall be deemed to have been agreed to and executed in Utah.
Summa Fit LLC reserves the right to terminate access to any services, at any time, without prior notice. If your membership/program is terminated: 1. no fees will be refunded 2. As of the date of termination you will no longer have access to any membership services. 3. Summa Fit LLC is under no obligation to provide any further information regarding your membership .
Early Cancellation Policy: If I chose to terminate my 1:1 coaching (nutrition and/or programming) early, I agree to pay half the remainder of my commitment (3 mo - nutrition, 6mo programming) at time of cancellation.
By checking the box you assert that you have read this agreement in its entirety and UNDERSTAND AND agree to EACH PROVISION. You acknowledge and agree that you have been given the opportunity to seek legal counsel regarding the contents and advisability of signing this document. This document encompasses the entire agreement of the parties and supersedes all prior oral and written agreements between the parties.
Effective date: July 08, 2018
Summa Fit LLC. ("us", "we", or "our") operates https://www.summafitllc.com (hereinafter referred to as the "Service").
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is https://www.summafitllc.com operated by Summa Fit LLC.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Flodesk, Inc. uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it is not overridden by your rights
For payment processing purposes
To comply with the law
Retention of Data
Transfer of Data
Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Summa Fit LLC. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Summa Fit LLC. may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Summa Fit LLC.
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on "Do Not Track" Signals
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Summa Fit LLC. aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Summa Fit LLC. relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
PayPal / Braintree
Links to Other Sites
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
By email: firstname.lastname@example.org