Terms of Purchase

Last Updated on: 11/25/2022

This Agreement is between You (“Purchaser,” “You,” “Your,” “Client”) and Fab and Fit with RJ, LLC (“Company,” “We,” “Us,” “Our”) for the purpose of any digital product purchased through the website at FabAndFitWithRJ.com, or any related domains, subdomains, or third-party hosting sites (the “Sites”).

By purchasing any Product, You agree to be bound by these Terms, without any other conditions or declarations. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.

Scope of Product Purchased Agreement

Our “Products” include but are not limited to: challenges, curated workouts, customized workouts, national park guides, 1:1 coaching and any other documents for paid purchase on these Sites.

Intellectual Property Notice

All coaching services, documents, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s course and content is owned by Fab and Fit with RJ, LLC and is not to be used for purposes beyond client implementation. Violators of this federal law will be subject to civil and criminal penalties.

Age Requirements

You must be at least 18 to use Our website, templates, courses, coaching, and products.

Purchase Policy

All sales are final and are not eligible for return or refund.

Disclaimer

Client agrees and understands Rustie Johnson, owner of Fab and Fit with RJ, LLC, is certified as a Certified Personal Trainer with the National Academy of Sports Medicine but is NOT providing the professional services of a doctor, registered dietician, therapist or any other kind of licensed or certified professional. Company does not dispense medical advice nor prescribe medical treatment.

License to Use Product(s)

Fab and Fit with RJ, LLC grants You a ONE revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, copy and print the Product(s) You purchase solely for Your individual use with respect to Your business clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution.
If You violate this license by giving or selling a copy of our template(s) to any third party, We reserve the right to invoice You for the licenses you have gifted to others, revoke Your access to our template(s) permanently, and/or sue for any and all damages.
Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).

Chargebacks

You shall be completely responsible for all charges, fees, and taxes arising from any digital product purchase. By submitting your credit card information at checkout, You agree to allow Fab and Fit with RJ, LLC to use the submitted credit card as the payment method for your purchase. CLIENT AGREES NOT TO FILE ANY DISPUTE WITH CLIENT’S BANK OR CREDIT CARD COMPANY TO AVOID PAYMENTS OR VIOLATE ANY OF THESE TERMS AND CONDITIONS. IF YOU ATTEMPT TO CHARGEBACK, REVERSE OR RECOLLECT A PREVIOUSLY AUTHORIZED PAYMENT, FAB AND FIT WITH RJ, LLC RESERVES THE RIGHT TO COLLECT ALL ADDITIONAL COSTS, FEES AND EXPENSES ASSOCIATED WITH DISPUTING A CHARGEBACK, REVERSAL OR RECOLLECTION CLAIM, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY FEES. WE RESERVE THE RIGHT TO TAKE ANY NECESSARY LEGAL ACTION FOR FRAUDULENT CHARGEBACKS.

Promotions

We may offer promotions and/or bonuses to potential customers from time-to-time via marketing and advertising. You are entitled to the promotions/bonuses offered at the time of purchase. Promotions/bonuses are not guaranteed to be available when You make a purchase and they vary depending on live and automated promotions throughout the year. You understand and agree that promotions/bonuses are not retroactive or proactive. Company reserves the right to change or alter bonuses and promotions in its sole discretion.

Assumption of Risk & Release of Liability

CLIENT ACKNOWLEDGES AND TAKES FULL RESPONSIBILITY FOR THE CLIENT’S OWN HEALTH, WELLNESS, AND LIFE, AND ALL DECISIONS MADE DURING AND AFTER THIS COACHING PROGRAM. CLIENT EXPRESSLY ASSUMES THE RISKS OF THE NUTRITIONAL AND FITNESS SERVICES PROVIDED BY COMPANY PURSUANT TO THIS AGREEMENT, INCLUDING THE RISKS OF TRYING NEW FITNESS PROGRAMS, NEW FOODS, NEW SUPPLEMENTS, AND THE INHERENT RISKS IN MAKING LIFESTYLE CHANGES.

CLIENT HEREBY RELEASES FAB AND FIT WITH RJ, LLC, AND IT’S AGENTS, FROM ANY AND ALL LIABILITY, DAMAGES, CAUSES OF ACTION, ALLEGATIONS, SUITS, SUMS OF MONEY, CLAIMS AND DEMANDS WHATSOEVER, IN LAW OR EQUITY, WHICH THE CLIENT EVER HAD, NOW HAS, OR WILL HAVE IN THE FUTURE AGAINST COMPANY, ARISING FROM OR RELATING TO THE CLIENT’S PAST OR FUTURE PARTICIPATION IN, OR OTHERWISE WITH RESPECT TO, THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, UNLESS ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY.


Limitations of Liability & Indemnification

Client acknowledges that while the Company may provide diet, nutrition and personal solutions and suggestions, it is up to Client to act on its own best interest and all decisions for improvement ultimately fall upon Client. Client agrees to hold Company harmless for any and all injuries or damages that may be made to Client on behalf of this Agreement. Client agrees that all health, diet, and personal decisions are its own responsibility.

In no event shall Company be liable under this Agreement to Client or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Client shall indemnify, release, discharge and hold harmless Company, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Company from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Company may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company.

Maximum Damages

The sole remedy for any actions or claims by Client shall be limited to the maximum amount not to exceed the total monies paid by Client under this Agreement.

No Guarantees

Company does not make any guarantees as to the results, including nutritional, health, or other personal gains, of any services provided. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.

Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Bexar, Texas The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

Arbitration

Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Bexar, Texas unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Company or Client without written consent of all Parties.

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