The Lifeboat Drill Terms & Conditions

Section 1. Definitions

1. "Agreement" means this document, setting forth the terms and conditions of the Program.

2. "Community Content" means all content, including without limitation language, data, information, and images, provided through or disclosed by use of the Program, whether by us, our members, or other users. Community Content does not include Your Content.

3. "The Fit Collective®" means the Program and all related course materials, whether created, found, stored, or viewed via online forums, print or electronic training material, telephonic and/or video-conference, or streaming services.

4. "Course Guidelines" or "Terms and Conditions" means the terms, conditions, and guidelines applicable to users of the Program, including this Agreement and all terms and guidelines published on any website of The Fit Collective® or any other website as designated.

5. "Third-Party Sites" means third-party websites linked from within or accessed through the Program.

6. "We", "us", or "our" means The Fit Collective® (a dba of Mind Body Marriage, PC, a Pennsylvania professional corporation).

7. "Course Waiver" means the Waiver attached hereto and incorporated herein.

8. "You", "your", or "Member" means the person who purchases and enrolls in the Program.

9. "Your Content" means all content, including without limitation language, data, information, and images, provided through or disclosed by use of the Program by you.

Section 2. Use of Service | Prices

THE LIFEBOAT DRILL is a one-time payment of $97 (USD).

The Lifeboat Drill is a self-guided program consisting of twelve (12) pre-recorded sessions. Payment is a single, one-time charge; there is no recurring billing and no payment plan.

You will have access to the Program and its materials for a period of six (6) months from your date of purchase (the "Access Period"). At the end of the Access Period, your access to the Program and all related materials will automatically end and the Program content will no longer be available to you. The Program content remains available to you on the delivery platform during the Access Period only; the Program does not include any permanent or downloadable copy of the session recordings.

1. This Agreement, including the Course Waiver, shall constitute a binding contract between You and The Fit Collective® regarding the terms under which The Fit Collective® will provide You with the Program.

2. You agree to be bound by all Terms and Conditions, which shall take effect immediately upon your acceptance of this Agreement (including electronically clicking "I Agree" and typing your full legal name), your first payment (whether in whole or in part, or as applied via a credit from any other course), or by downloading The Fit Collective App™ or otherwise accessing the Program delivery platform, whichever first occurs.

3. The Fit Collective® reserves the right, at its discretion, to make changes to any part of the Program, provided that it does not materially reduce its content or functionality.

Section 3. Refunds and Cancellation

You may request a full refund within seven (7) days of your date of purchase by emailing mazzy@thefitcollective.com. After the seven (7) day window closes, the payment is non-refundable.

Section 4. Your Conduct and Content

1. You must review and follow all Course Guidelines and Terms and Conditions. The Member who purchases and registers for the Program must be at least eighteen (18) years of age.

2. Household and Family Participation. The Program is designed so that members of the Member's immediate household may participate alongside the Member. Any such participation is permitted only for the Member's personal, non-commercial household use and does not create any separate membership, account, or right of access for any other person. If the Member permits any individual under the age of eighteen (18) (a "Minor") to participate, the Member represents and warrants that the Member is the parent or legal guardian of that Minor, or is authorized by the Minor's parent or legal guardian, and that the Member accepts full responsibility for the Minor's participation, including all acknowledgments, assumptions of risk, waivers, and releases set forth in the Course Waiver below, on the Minor's behalf. The Member is solely responsible for supervising any Minor's participation at all times and for determining, in consultation with the Minor's physician where appropriate, whether the Program is suitable for that Minor.

3. Members are granted a time-limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access the Program content corresponding to your purchase, for use by you and members of your immediate household during the Access Period.

4. You will use the Program for its intended purpose only and will not use it for solicitation or advertising purposes unless we otherwise agree. The Program is meant for private, non-commercial use only. The Fit Collective® reserves the right to refuse orders that we consider to be for commercial concerns. You may not resell or make the Program available to any third party outside your immediate household without our prior written consent, nor may you disclose or solicit anyone's private information or disclose confidential information.

5. You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in your membership in the Program or Community Content.

You may not (directly or indirectly) use the Program in a manner that:

• —is in violation of this Agreement;
• —is confidential or proprietary, or discloses nonpublic personal information, or discloses or solicits the private information of any person;
• —is threatening, abusive, harassing, stalking, defamatory, deceptive, false, misleading, or fraudulent;
• —is invasive of another's privacy or otherwise violates another's legal rights (such as rights of privacy and publicity);
• —contains vulgar, obscene, indecent, or unlawful material;
• —infringes a third party's intellectual property rights;
• —publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
• —reproduces, distributes, modifies, creates derivative works of, publicly displays, publicly performs, republishes, downloads, stores, or transmits the Program or Community Content or any portion thereof, or uploads files containing viruses, corrupted files, or similar programs that may damage another person's computer;
• —downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
• —falsifies or deletes any author attributions, legal or proprietary designations, or labels of the origin or source of software or other material contained in an uploaded file;
• —restricts or inhibits any other user from using and enjoying the Program;
• —harvests or otherwise collects information about others, including email addresses, without their consent;
• —damages, disables, overburdens, or impairs The Fit Collective® website, or interferes with any other party's use and enjoyment of the Program;
• —attempts to gain unauthorized access to the Program, or accesses the Program by any means other than through the interface we provide, is legally actionable between private parties, and/or is in violation of any applicable law or regulation.

If we believe your use of the Program is adversely affecting the provision of the service to other users, we reserve the right to manage or regulate your usage, which may include temporarily suspending your account and/or access. We may immediately suspend or cancel your membership, without notice and in our sole discretion, for actual or suspected violations of the terms in this Section or as set forth in the Termination section below.

Section 5. Our Use of Your Content

We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion.

Section 6. Availability of Website

Although we aim to offer you the best service possible, we make no promise that your access to the Program will be fault-free. If a fault occurs, you should report it to mazzy@thefitcollective.com and we will attempt to correct it as soon as we reasonably can.

You recognize that the transmission of data through the Internet may cause delays, and you shall not hold The Fit Collective® liable for delays that are ordinary in the course of Internet use. You further acknowledge that the website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by upgrading, modification, or standard maintenance of the website.

Section 7. The Fit Collective® Proprietary Rights

• —You are not granted a license to reproduce, publish, or use any information through your membership in the Program in any way unless expressly granted under this Agreement. The Program materials are protected by intellectual property laws, belong to us or our licensors, and we retain all ownership rights to them.
• —We encourage all members to provide comments and engage in online forums and discussions as provided by The Fit Collective®.
• —All copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) in and on the service and all content located on or available through the Program shall remain vested in The Fit Collective®.
• —You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use The Fit Collective® content, including the Program and any Fit Collective® and MBM-related names, images, and logos, in any way except for your own personal, non-commercial household use. You also agree not to adapt, alter, or create a derivative work from any Program or MBM content except for your own personal, non-commercial household use. Any other use requires our prior written permission.
• —Nothing in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right, or copyright of The Fit Collective® or any third party.

Section 8. Third-Party Sites and Products

Third-Party Products and Third-Party Sites are not under our control. They are provided to you only as a convenience, and their availability does not mean we endorse, support, or warrant them.

Section 9. Termination

• —We may terminate this Agreement and/or suspend your access to the Program immediately if you (i) violate any of the terms of this Agreement, (ii) use the Program in a way that has or may negatively reflect on or affect us, our prospects, or our members, or (iii) if we determine it necessary or desirable in our sole discretion.
• —We are not obligated to provide you with any of Your Content used in connection with the Program after termination.

Except for the seven (7) day refund window described in Section 3, amounts already charged are non-refundable upon termination.

Section 10. Indemnification

You will indemnify, defend, and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) to the extent that such Action is based upon or arises out of (a) your use of the Program, (b) the participation of any member of your household, including any Minor, in the Program, (c) your disclosure or solicitation of personal information, (d) any use of personal information that you disclosed, (e) your noncompliance with or breach of this Agreement, or (f) your use of Third-Party Products or Third-Party Sites.

We will notify you in writing within thirty (30) days of becoming aware of any such claim and provide you (at your expense) with information and assistance reasonably requested to handle the defense or settlement. You shall not accept any settlement that (i) imposes an obligation on us, (ii) requires us to make an admission, or (iii) imposes liability not covered by these indemnifications or places restrictions on us, without our prior written consent.

Section 11. Disclaimers; Limitation of Liability

WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE FIT COLLECTIVE® PRODUCTS OR SERVICES OR THE COMMUNITY CONTENT FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE PROGRAM AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00).

WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE PROGRAM TO YOU. YOU AGREE TO BE FURTHER BOUND BY THE COURSE WAIVER, WHICH IS INCORPORATED HEREIN.

Section 12. General

• —In the event of any conflict between the Course Guidelines, Terms and Conditions, and any Fit Collective® terms posted on any affiliated website, the more specific terms and conditions will control.
• —Any controversy or claim arising out of or relating to this Agreement, or its breach, shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be three. The place of arbitration shall be Philadelphia, Pennsylvania. Pennsylvania State law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
• —Neither party will be responsible for failure or delay of performance caused by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage not caused by the obligated party; government restrictions; pandemic; or other event outside the obligated party's reasonable control. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
• —The Community Content may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors and to change or update the Community Content and Your Content at any time without prior notice.
• —If any part of this Agreement is determined to be invalid or unenforceable, that provision will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of this Agreement will continue in effect.
• —This Agreement is the entire agreement between us for the Program and supersedes all other proposals and agreements, whether electronic, oral, or written. We object to and reject any additional or different terms proposed by you.
• —Nothing in this Agreement, express or implied, is intended to confer upon any person or entity (other than the parties) any right, benefit, or remedy. We grant you only the rights and licenses expressly stated in this Agreement.
• —The following sections shall survive expiration or termination of this Agreement: Proprietary Rights, Your Conduct and Content, Indemnification, Disclaimers; Limitation of Liability, and General.

Course Waiver: General Waiver & Release of Liability

Mind Body Marriage, PC dba The Fit Collective®. Read Carefully! This Agreement Includes a Waiver and Release.

Event Description ("Event"): The Fit Collective® THE LIFEBOAT DRILL program, including but not limited to any online courses, pre-recorded workouts, online forums, training material, telephonic and/or video-conference, and streaming services. Event Location: Online, including but not limited to by and through electronic, telephonic, video, and social media. All capitalized terms herein shall be as set forth above in the Terms and Conditions.

In consideration of being permitted to participate in the above-referenced Event hosted by Mind Body Marriage, PC dba The Fit Collective®, I hereby agree as follows:

1. No Professional Services Provided. By participating in any The Fit Collective® course, including this Program, and by engaging in any individual or group consulting sessions, purchasing any product, or reading any guidelines, handouts, website materials, course materials, e-books, or emails, you acknowledge that The Fit Collective®, including its officers, shareholders, employees, directors, agents, assigns, and independent contractors ("The Fit Collective® and Agents"), is not a licensed mental health counselor, nutritionist, or psychologist, and that although Dr. Ali Novitsky is a licensed medical doctor, neither she nor any other The Fit Collective® and Agents is providing any medical advice or licensed medical service in relation to the Program or otherwise. You are expressly advised that participation in any Fit Collective® activity or course does not replace the care of mental health counselors, nutritionists, psychologists, doctors, or other healthcare professionals. The Program is in no way to be construed or substituted as licensed nutritional, psychological, mental health, or medical advice.

2. Risks. I understand that the Event I am participating in may be of a hazardous nature, including strenuous physical activity. The Fit Collective® has made me fully aware that the Program is of a nature and kind that I may find strenuous and that may push me to the limits of my physical abilities. I recognize and understand that the programs/classes are not without varying degrees of risk, which may include, but are not limited to: injury to the musculoskeletal and/or cardiorespiratory systems, as well as any other physical injury related to or resulting from my participation in any exercise, all of which can result in serious injury or death; injury or death due to negligence on the part of myself, an instructor, or other people around me; injury or death due to improper use or failure of equipment; or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these risks may result in serious injury or death to myself and/or my household participants.

I further understand and agree that the Program is delivered on a self-guided, pre-recorded basis, and that I may participate without the real-time supervision of any instructor. I am solely responsible for performing all movements safely, for using appropriate space and equipment, for exercising within my own abilities, and for stopping immediately and seeking care if I experience pain, dizziness, shortness of breath, or any other sign of distress. I HAVE BEEN ADVISED TO CONSULT MY PHYSICIAN BEFORE BEGINNING THE PROGRAM.

3. I also understand that the Program may include nutritional recommendations for the purpose of a "healthy" lifestyle, suggested for weight loss, or for any other purpose. I hereby waive any claims or rights that I might otherwise have to sue The Fit Collective® and Agents if injury or harm occurs to me that may result from participation in the Program, including exercise, nutrition, consultations, or weight loss. I understand that I should consult my physician if I have any medical issues, and I acknowledge that nutrition services are not to be in place of any medications.

4. Participation of Minors and Household Members. If I permit any individual under the age of eighteen (a "Minor"), or any other member of my household, to participate in the Program, I represent that I am the parent or legal guardian of that Minor (or am authorized by the parent or legal guardian) and that I am responsible for that participant. I accept all risks described in this Waiver on the Minor's or household participant's behalf, I confirm that I know of no medical condition that would make participation unsafe for that person, I agree to supervise that person at all times during participation, and I make all acknowledgments, waivers, and releases in this Waiver on that person's behalf. I HAVE BEEN ADVISED TO CONSULT A PHYSICIAN BEFORE ANY MINOR BEGINS THE PROGRAM.

5. By agreeing, I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability. I am waiving any right that I have to bring legal action to assert a claim against The Fit Collective®.

6. No Guarantee. The Fit Collective® does not guarantee any results based on the information contained on any The Fit Collective® website or through the Program or any other Fit Collective® course, including but not limited to any guarantee of weight reduction, increased strength or muscular tone, and/or decreased stress, fatigue, or feelings of "burnout."

7. Waiver and Release. Understanding there may be risks associated with participating in the Event, I do hereby, for myself, any Minor or household participant on whose behalf I act, my heirs, personal representatives, and assigns, knowingly and voluntarily enter into this waiver and agree to forever release, discharge, and hold harmless The Fit Collective® and its subsidiaries and affiliates, and their respective owners, officers, directors, managers, shareholders, staff, employees, volunteers, insurers, agents, independent contractors, successors, and assigns, from any and all claims, liabilities, causes of action, suits, judgments, attorneys' fees, and demands of any kind, including without limitation accidents or illnesses ranging from minor cuts, bruises, and sprains to severe physical injury (including death), psychological injury, economic or emotional injury, property damage, theft, or any other loss, damage, or inconvenience whatsoever, now or in the future, arising from or related to the Event. I willingly assume full responsibility for any and all risks to which I am exposing myself and any participant for whom I am responsible as a result of participation, and accept full responsibility for any injury or death that may result.

8. I hereby certify that I know of no medical problems that would increase my risk of illness or injury as a result of participation in any physical exercise or conditioning. The Fit Collective® has informed me that there exists the possibility of adverse physical changes during any exercise program, which could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances heart attack or even death, and I fully understand the same. With my full understanding of the above, I agree to assume any and all risk associated with my participation in the Program.

9. I indemnify, hold harmless, and promise not to sue The Fit Collective® from any and all liabilities or claims made as a result of my participation in the activity, whether caused by the negligence, gross recklessness, or contractual breach of The Fit Collective®.

10. Voluntary Assumption. I have read the previous paragraphs and understand that these and other risks are inherent in participation in the Event. I assert that my participation is voluntary and of my own choosing, and that no promise or inducement for this release has been offered to me. I am knowingly assuming any and all associated risks with the Event, including any risks that may arise from the negligence or carelessness of The Fit Collective®, its subsidiaries, affiliates, directors, officers, employees, partners, contractors, agents, representatives, volunteers, successors, and assigns.

11. This document is in addition to the Terms and Conditions set forth for the Program and in addition to any other Terms and Conditions posted on any The Fit Collective® website.

By clicking "I Agree," making a payment, registering for the Program in the app, or applying a credit to the Program, I acknowledge that I have carefully read this Waiver and Release of Liability and fully understand its terms and contents. I understand that this agreement will have full force and legal effect throughout the entirety of any The Fit Collective® course offered, including this Program.

Acknowledgment and Electronic Signature

By clicking "I Agree" and typing my full legal name, I acknowledge that I have read and understood THE LIFEBOAT DRILL Terms & Conditions and the Course Waiver above, that I intend my typed name to serve as my legal electronic signature, and that I am entering into a binding agreement. I understand there is a seven (7) day refund window from my date of purchase as described in Section 3, that my access to the Program continues for six (6) months from my date of purchase and will end automatically at the end of that Access Period, and I understand the payment terms applicable to this Program.

A completed, timestamped copy of the signed agreement will be saved to your member profile and made available for you to review at any time.

The Fit Collective® is a dba of Mind Body Marriage, PC.