Last Updated: February 21st, 2022
Physique Fitness Studio LLC and its affiliates (collectively, “Krystine Ernest Fitness,” the “Company,” “us,” “we” or “our”) are pleased to provide you with access to and use of this website and our applications, programs, content, streaming services, training services, promotions, software, technology and any other materials that we may provide (collectively, “Krystine Ernest Fitness Products and Services”).
THE SITE AND IN THE KRYSTINE ERNEST FITNESS PRODUCTS AND SERVICES ARE PRESENTED ONLY AS PERSONAL TRAINING – NOT PHYSICAL THERAPY, MEDICAL THERAPY OR PSYCHOLOGICAL THERAPY. THEY ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTH CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
- This Is a Contract Between You and Krystine Ernest Fitness
Simply stated: When you use this website or Krystine Ernest Fitness’s products or services, you are agreeing to these terms.
- License to Use the Site and KRYSTINE ERNEST FITNESS Products and Services
Use of the Content
The contents of the Site and any Krystine Ernest Fitness Product or Service, such as text, graphics, images, and other materials created by Krystine Ernest Fitness or obtained from Krystine Ernest Fitness's licensors, and other materials contained on the Site or on Krystine Ernest Fitness Products and Services (collectively, “Content”) is protected by the copyright laws of the United States and foreign countries. Title to the Content remains with Krystine Ernest Fitness or its licensors. All rights not expressly granted herein are reserved to Krystine Ernest Fitness and its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Simply stated: The content on our website and in our products is protected by copyright laws. If you don’t comply with the restrictions contained in these terms, we can terminate your access.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Krystine Ernest Fitness Products or Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Krystine Ernest Fitness Product or Service to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Krystine Ernest Fitness Products and Services; (iv) access or use any Krystine Ernest Fitness Product or Service in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, reprint, republish, publicly perform, display, post, transmit, create derivative works of, or exploit any Krystine Ernest Fitness Product or Service or any part thereof, except as expressly authorized in these Terms or as part of the Krystine Ernest Fitness Products and Services provided to you; (vi) duplicate, share, trade, sell, or otherwise distribute our Krystine Ernest Fitness Products and Services to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Krystine Ernest Fitness Products and Services for their own personal use or business/commercial use; (vii) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Krystine Ernest Fitness Product or Service or connected network, or interfere with any person or entity’s use or enjoyment of any Krystine Ernest Fitness Product or Service; (viii) access, monitor, or copy any element of the Krystine Ernest Fitness Products and Services using a robot, spider, scraper or other automated means or manual process without our express written permission; (ix) attempt to probe, scan, or test the vulnerability of the Krystine Ernest Fitness Products and Services, including the Site, applications, or any associated system or network, or breach security or authentication measures without proper authorization; (x) sell, resell, or make commercial use of the Krystine Ernest Fitness Products and Services, unless you have an executed agreement with us that expressly allows for such activity; (xi) harass, stalk, disrupt or interfere with any other user's enjoyment of the Krystine Ernest Fitness Products and Services or affiliated or linked sites; (xii) “deeplink” to the Krystine Ernest Fitness Products and Services, including the Site, without Krystine Ernest Fitness's express written consent; (xiii) create or use a false identity on the Krystine Ernest Fitness Products and Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access the Krystine Ernest Fitness Products and Services; (xiv) harvest or otherwise collect information about Krystine Ernest Fitness users, including email addresses and phone numbers; (xv) download, “rip,” or otherwise attempt to obtain unauthorized access to any Krystine Ernest Fitness Product or Service, content or other materials. By accessing or otherwise using any services, Content or software through any Krystine Ernest Fitness Product or Service, you represent and warrant that: (xvi) your access to and use of the Krystine Ernest Fitness Products and Services, or any content or software therein, will comply with any and all requirements in these Terms; (xvii) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xviii) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Krystine Ernest Fitness Product or Service and the Site.
You agree to only purchase Krystine Ernest Fitness Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to use Krystine Ernest Fitness Products and Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Simply stated: Please don’t use the website or our products or services in ways that hurt our company or other users, break the law, or exceed the access level you purchased. Read the full text above for all our limitations.
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Site or Krystine Ernest Fitness Products and Services (“Third-Party Content”). This Third-Party Content belongs to the authors or providers of the applicable Third-Party Content, and these authors and providers are solely responsible for the Third-Party Content they provide. KRYSTINE ERNEST FITNESS DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR IN ANY KRYSTINE ERNEST FITNESS PRODUCTS AND SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL CES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE CES PRODUCTS AND SERVICES.
Simply stated: Other people may provide their own opinions, writings, videos and other content to the Site and our social media platforms. We’re not responsible for them.
Advertisements, Searches, and Links to Other Site
Krystine Ernest Fitness may provide links to third-party web sites. Krystine Ernest Fitness does not recommend and does not endorse the content on any third-party websites. Krystine Ernest Fitness is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Krystine Ernest Fitness does not endorse any product, service, or treatment advertised on the Site.
If you make a purchase from any individual or company through a link provided on or through the Site or any Krystine Ernest Fitness Product or Service (a “Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and its payment processing company. Your participation, correspondence or business dealings with any Merchant, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we are not responsible for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Simply stated: Sometimes we may give you links to the content of others. We’re just trying to be helpful. If you follow those links, be careful. We don’t control them and are not responsible for them.
- Your Own Content and Account, Passwords
User Generated Content
Certain Krystine Ernest Fitness Products and Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting it.
You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Krystine Ernest Fitness in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by Krystine Ernest Fitness, including as contemplated by these Terms. You agree to indemnify and hold us and our affiliates, parent companies, and subsidiaries, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with Krystine Ernest Fitness’s use or exploitation of User Generated Content.
You acknowledge and agree Krystine Ernest Fitness is not responsible for any content posted on public forums by any third parties, including any content you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Krystine Ernest Fitness Products and Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content does not state or reflect the attitudes and opinions of Krystine Ernest Fitness, and any views and opinions expressed on the Site shall not be attributed to or otherwise endorsed by Krystine Ernest Fitness.
Simply stated: If you post content to the Site or our social media platforms, keep it clean and legal. You’re responsible to us and others if what you post harms someone. We’re not responsible for content that you or others post.
License to Your User Generated Content
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Krystine Ernest Fitness Products and Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on the Site or in any other commercial manner. We are not, however, obligated to use your User Generated Content. You grant us, and anyone authorized by us, the right to identify you as the author of your User Generated Content.
By participating in our programs and using Krystine Ernest Fitness Products and Services, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in Krystine Ernest Fitness Products and Services and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Simply stated: If you post content to the Site or our social media platforms, you give us the right to share it and use it. But you still own it.
Your Account; Passwords
You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information You agree that we may take steps to verify the accuracy of information you provide. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Krystine Ernest Fitness passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Krystine Ernest Fitness account and password; (3) promptly inform Krystine Ernest Fitness if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
Simply stated: Please make sure the information you give us about yourself is accurate. Protect your passwords, and don’t share them.
- Important Notice About Our Fitness and Nutrition Content
Our Content Does Not Constitute Medical Advice or Other Professional Healthcare Advice.
THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. THE KRYSTINE ERNEST FITNESS PRODUCTS AND SERVICES ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. THE PRINTED AND RECORDED CONTENT IS INFORMATIONAL ONLY, AND OUR LIVE INSTRUCTION IS PRESENTED AS PERSONAL TRAINING ONLY – NOT PHYSICAL THERAPY, MEDICAL THERAPY OR PSYCHOLOGICAL THERAPY.
Although Krystine Ernest Fitness provides its products and services with your health and safety in mind, each individual has her own limitations, and it is therefore critical that you consult your physician, nurse practitioner, physician’s assistant, therapist, nutritionist, counselor, mental health practitioner, licensed dietitian or nutritionist or any other licensed or registered healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Krystine Ernest Fitness, and obtain appropriate authorization before accessing or using any Krystine Ernest Fitness Product or Service, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. We do not diagnose medical or psychological conditions, nor do we determine what therapies are most appropriate for you – you need a licensed medical or psychological professional for that. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site! The information made available on or through the Site and the Krystine Ernest Fitness Products and Services should not be relied upon when making medical or other important healthcare decisions. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your doctor or 911 immediately. Krystine Ernest Fitness does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Krystine Ernest Fitness, Krystine Ernest Fitness employees, others appearing on the Site at the invitation of Krystine Ernest Fitness, or other visitors to the Site is solely at your own risk. KRYSTINE ERNEST FITNESS DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY KRYSTINE ERNEST FITNESS IN ANY CES PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATIONAL AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY KRYSTINE ERNEST FITNESS PRODUCTS AND SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND KRYSTINE ERNEST FITNESS OR YOU AND ANY PERSON CERTIFIED THROUGH KRYSTINE ERNEST FITNESS.
Simply stated: We’re not your doctor and we’re not your therapist. We don’t diagnose medical conditions or prescribe treatments. You have to follow the advice of your own medical professional, regardless of what you might learn from our content. We only provide educational services.
Assumption of Risk; Liability Limitations
You expressly acknowledge and agree that your access, use and/or involvement with any Krystine Ernest Fitness Product or Service, or individuals certified by Krystine Ernest Fitness in any Krystine Ernest Fitness products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, or damage to or loss of property or privacy. You acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Krystine Ernest Fitness from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Krystine Ernest Fitness Product or Service. You must use your own judgment in using the Krystine Ernest Fitness Products and Services and you agree that you are doing so at your own risk.
Simply stated: This is really important: You might get injured when you engage in the activities we cover (just like you might get injured when you go to the gym, or surf, or ride a bike). You acknowledge that all risks cannot be eliminated. You are choosing to engage in an activity you know has a chance of physical injury, and yet you still freely choose to do it. You won’t seek compensation if you get hurt or lose money.
- Krystine Ernest Fitness's Products/Services; Orders
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment; otherwise the Krystine Ernest Fitness Product or Services will not continue and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with these Terms and we do not elect to terminate your order, you still will remain fully responsible for the full cost of the Krystine Ernest Fitness Products or Services.
Simply stated: You can pay by credit or debit card. If your payment doesn’t go through, we can terminate your access or hold you responsible for full payment.
Product and Service Descriptions, Price and Other Information
We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our Site are correct and fairly described. However, when ordering products or services through the Site, please note that:
- Krystine Ernest Fitness reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
- Krystine Ernest Fitness reserves the right to refuse or discontinue the supply of any Krystine Ernest Fitness Product or Service to any customer, or change, suspend or discontinue any aspect of the Site at any time in our sole and absolute discretion; and
- all prices are displayed in United States Dollars unless expressly indicated otherwise.
Simply stated: We do our best to keep our product descriptions current and accurate, but we’re allowed to change them.
All purchases are subject to applicable sales and/or other taxes, which will be applied to your order total. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. In consideration of our allowing you access to the use of the Krystine Ernest Fitness Products and Services, and in collecting and remitting taxes required on your purchases, you waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.
Simply stated: When required, we add sales tax to your order. You have to pay those taxes.
Your satisfaction with Krystine Ernest Fitness Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing the Krystine Ernest Fitness Products and Services, we have a no refund policy. By using and/or purchasing any of our Krystine Ernest Fitness Products or Services, you understand and agree that all sales are final, and refunds will not be provided.
Since we have a clear and explicit Refund Policy, we do not tolerate or accept any threatened or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies.
Simply stated: We have a no refund policy; otherwise, all sales are final.
Your Personal and Payment Information
When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our Krystine Ernest Fitness Products and Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. In the case of e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). To help keep your account current and prevent service interruption, you acknowledge Krystine Ernest Fitness may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through the Krystine Ernest Fitness Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.
Simply stated: The payment information you give us has to be accurate and up-to-date. We will keep it private. We use third-parties to process your payment, and their privacy policies may be different than ours.
Automatic Renewal and Subscription Products
We offer certain Krystine Ernest Fitness Products and Services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., weekly, monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable taxes. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change.
Simply stated: Subscription purchases will renew automatically unless you contact us to cancel them.
- Disclaimers; Limitations of Liability; Indemnity
Any individual results using Krystine Ernest Fitness Products and Services may vary.
WE MAKE NO WARRANTIES AS TO OUR PRODUCTS OR SERVICES. YOU AGREE THAT THE KRYSTINE ERNEST FITNESS PRODUCTS OR SERVICES ARE PROVIDED AS-IS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE KRYSTINE ERNEST FITNESS PRODUCTS AND SERVICES WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF CES PRODUCTS OR SERVICES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Krystine Ernest Fitness Products and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Krystine Ernest Fitness Product or Service participant or user, including you.
You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in a Krystine Ernest Fitness Product or Service. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of the Krystine Ernest Fitness Products and Services, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Krystine Ernest Fitness Products and Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
We try to ensure that the availability and delivery of the Krystine Ernest Fitness Products and Services is uninterrupted and error-free, including our Content and communications through methods like the Site, member forums, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable MP3/MP4 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. We cannot guarantee, however, that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Krystine Ernest Fitness Products or Services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Krystine Ernest Fitness Products or Services inaccessible to you.
We take every precaution to protect the Krystine Ernest Fitness Products and Services. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Krystine Ernest Fitness Products and Services or the contributions or information transmitted to us on or through the Site or the Krystine Ernest Fitness Products and Services. Submitting contributions or information on or through the Krystine Ernest Fitness Products and Services is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of the Krystine Ernest Fitness Products and Services and you agree that you are assuming such risks.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in Krystine Ernest Fitness Products and Services. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our Content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
When you apply for, enroll in, purchase or Krystine Ernest Fitness Products or Services, we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”). By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Krystine Ernest Fitness Products or Services, we take measures to protect the security of your Confidential Information both online and offline. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk. We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
You agree to defend, indemnify, and hold Krystine Ernest Fitness, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Generated Content you post or upload, (c) your use of or reliance on any User Generated Content, (d) your improper use of any Krystine Ernest Fitness Products or Services, (e) your violation of any rights of a third party or (f) your violation of these Terms and Conditions.
Simply stated: You agree that we are not liable if our products or services don’t do what you expect or aren’t always available, or if you are harmed while using them. We will do our best to secure confidential information, but we can’t guarantee we’ll never be victimized by hackers and other intruders.
- Copyright Policy and Copyright Agent
It is Krystine Ernest Fitness's policy to respect the copyright and other intellectual property rights of others. Krystine Ernest Fitness may remove content from its websites or other properties that appears to infringe the copyright or intellectual property rights of others, including moral rights, of others. In addition, Krystine Ernest Fitness may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Krystine Ernest Fitness complies with the Digital Millennium Copyright Act.
If you believe any materials accessible on or from the Site or our social media platforms infringe your copyright, you may request removal of those materials (or access thereto) by contacting Krystine Ernest Fitness's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Krystine Ernest Fitness's agent for copyright issues relating to this web site is as follows:
In an effort to protect the rights of copyright owners, Krystine Ernest Fitness maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Simply stated: If you believe someone has submitted content you own, without your consent, to our website or other properties, follow the procedure above so we can take it down.
- Dispute Resolution; Arbitration
It is hoped that should we ever have any differences; we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at [email protected] and include all of your reasons for dissatisfaction with your Krystine Ernest Fitness Product or Service. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payments made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing a Krystine Ernest Fitness Product or Service, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Winner, South Dakota, USA, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, Krystine Ernest Fitness, or any Krystine Ernest Fitness Product or Service. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Simply stated: If you have complaint that cannot be resolved informally, you agree to resolve it in arbitration, not a trial.
You have the right to terminate your use of or participation in any Krystine Ernest Fitness Product or Service at any time by sending an e-mail to [email protected]
If you violate any material provision of these Terms, we reserve the right in our sole discretion to terminate your access to any Krystine Ernest Fitness Product or Service, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the any Krystine Ernest Fitness Product or Service. In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately terminate your access to any aspect of the Krystine Ernest Fitness Products and Services, including but not limited to the Site, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to the Krystine Ernest Fitness Products and Services at any time without notice and in our sole discretion.
All of these Terms, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
- Changes to These Terms
Krystine Ernest Fitness may revise and update these Terms at any time. Your continued use of the Site will mean you accept those changes.
Simply stated: Actually, we can’t say it more simply than that.
Governing Law. You agree that the laws of the Commonwealth of South Dakota, without regard to principles of conflict of laws, will exclusively govern these Terms and any dispute between you and Krystine Ernest Fitness. As the Krystine Ernest Fitness Products and Services are controlled by Krystine Ernest Fitness from South Dakota, South Dakota law will apply regardless of your residence or the location where you use Krystine Ernest Fitness Products and Services.
International Users. Our websites are controlled, operated, and administered by Krystine Ernest Fitness from its offices within the United States of America. Krystine Ernest Fitness makes no representation or warranty that the materials contained within the Krystine Ernest Fitness Products and Services are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through the Krystine Ernest Fitness Products and Services are illegal is prohibited. You may not use the Krystine Ernest Fitness Products and Services or export the Krystine Ernest Fitness Products and Services in violation of U.S. export laws and regulations. If you access the Krystine Ernest Fitness Products and Services from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.
Notices. All notices required or permitted to be given under these Terms must be in writing. Krystine Ernest Fitness may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH KRYSTINE ERNEST FITNESS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY KRYSTINE ERNEST FITNESS OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Krystine Ernest Fitness by means email to [[email protected]]. Such notice to Krystine Ernest Fitness shall be effective upon receipt of notice by Krystine Ernest Fitness.
Severability. If any provision of these Terms (except for Section 9), or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof. If any terms of these Terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
Assignment. Krystine Ernest Fitness may assign these Terms to any person or entity that acquires our business or business assets, with or without notice to you. You may not assign this agreement without our prior consent, which we will not unreasonably withhold.
Entire Agreement. These Terms constitute the final, exclusive and complete agreement between you and Krystine Ernest Fitness regarding the subject matter hereof and supersede all prior agreements, communications and course of dealings between you and Krystine Ernest Fitness.
The purchase of products on this website is subject to the following terms and conditions. All customers are advised to review these carefully before making a purchase.
Each PDF download and online content purchased is licensed to a single user only. Customers are not allowed to copy, reproduce, distribute, share publicly perform, and/or transfer purchased product(s) to any third party.
All purchases made on www.krystineernestfitness.com are nonrefundable. Because the products made available here are intangible, we cannot grant any request for a refund. In the case where a purchase error is made please contact us at [email protected] to discuss a resolution.
By placing an order with KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO,LLC, you warrant that you are at least 18 years old and that you accept these terms and conditions (or, if the under the of 18, that you have parent or guardian permission to accept these terms and conditions and place an order).These terms and conditions shall apply to all orders.
All transactions conducted on www.krystineernestfitness.com and/or through KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO,LLC are handled by a dedicated third party to ensure your information is secure. All payment information is handled by stripe and/or PayPal and your credit card information is not stored by KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC. please read the terms and conditions for stripe and PayPal as those sites are responsible for the transaction made. KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC disclaims liability for any issues arising out of your use of stripe and/or PayPal.
As all of our products are digital, they are deemed used immediately upon purchase or download this unfortunately means we have a strict no-refund policy. If you are dissatisfied with our products, you may cancel your subscription at any time. Please contact us at [email protected] to see how we can address any problem you have with this policy.
KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC reserves the right to amend without prior notice any information, including but not limited to: these terms and conditions, price, technical specifications, terms of purchase, and product offerings.
ONLINE PERSONAL TRAINER/CLIENT AGREEMENT:
Consult your physician, assess your fitness level, and follow all safety instructions before beginning this or any exercise program and nutritional coaching. All programs of KRYSTINE ERNEST FITNESS are not subject to being physically demanding, high intensity, low impact exercise program. it is extremely important that you listen to your body, use common sense, take breaks, and hydrate as needed to avoid injury and help prevent serious medical conditions, such as rhabdomyolysis, a rare but potentially lethal threat impacting people who have not let their muscles adapt to difficult workouts. Ifat any time you feel you are exercising beyond your current fitness abilities, or you feel any discomfort, pain, dizziness, or nausea, you should discontinue exercise immediately, reconsider your use of program or the exercise routine, and consult your physician.
Certain KRYSTINE ERNEST FITNESS programs utilize resistance bands, door anchors, benches, stability balls, sliding disc, weights, and other equipment which, is not used correctly, can lead to serious injury. For your safety, you must use any equipment shown in the workouts only as demonstrated slash disgust, inspect any equipment prior to each use and refrain from using any equipment that appears damaged, worn, or defective. For any equipment that requires hanging or attaching, always use a secure, proper, and stable anchor. Or exercise movements that require wrapping exercise bands around your body, make sure the bands are firmly secured to prevent slipping or injury to yourself or others. Always exercise caution during these and make sure you do not lose your grip or control, such as making sure your hands are not wet or sweaty. When performing jumping or other exercises using a workout bench or household item, make sure your bench slash household item is stable, strong enough to hold your weight, and does not move. If you do not think you can safely perform exercises with your bench slash item, or if you do not have a proper bench, you should skip that exercise. In proper form or use of equipment can cause serious and permanent injury. Always make sure your exercise area is clear of any obstacles, including pets, children, other people, or equipment not currently in use. KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC is not responsible for any damage or injury that may occur as a result of faulty installation or improper use of equipment.
If you are pregnant or if you have any unique or special medical conditions, such as a history of knee, ankle, shoulder or spinal (neck or back) problems, consult with a competent and reliable physician to understand all risks, contraindications, and complications of using this program, and receive authorization from a physician before beginning. While this program is intended for postpartum women and women who are/or may become pregnant, KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO,LLC is not a medical professional, and you should not be relied upon for medical advice. You should work closely with your medical professional of choice to ensure this program is safe for you and, if applicable your unborn child.
By using this program, you assume all dangers, hazards, and risk of injury in the use of this program. KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO,LLC offers many fitness alternatives if you are prone to or have a history of injuries or are not ready for a physically demanding workout. accordingly, to the extent permitted by law, KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO,LLC. will not be liable to any person or entity for any damage or loss caused or alleged to be caused directly or indirectly by any workouts, nutrition coaching, advice, or any other KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO,LLC content.
By purchasing KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC content, I understand, acknowledge, and agree with the following:
I understand that I may stop or modify exercise at any time during a session, and that is my obligation to notify my physician or seek a medical attention immediately if I develop any symptoms such as extreme fatigue, shortness of breath, or chest discomfort.
I understand that exercise involves certain risks, including but not limited to: serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke, or even death. I understand that injuries can occur to bones, joints, or muscles then that slips, falls and unattended loss of balance could result in muscular, neurological, orthopedic, or other bodily injury. I understand that a part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care, and skill which I conduct myself in that activity or program.
Knowing the material risk and appreciating, knowing, and reasonably anticipating that other injuries are a possibility, I hereby expressly assume all risk of injury and death which could occur as a result in my use of this program. I do hereby waive, release and forever discharge KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC, and its employees, agents, contributors, and representatives, from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from my participation in any KRYSTINE ERNEST FITNESS programs/activities.
KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC offers pregnancy and postpartum online exercise slash fitness, Wellness, and coaching programs. The programs utilize expertise from a variety of professionals. as a condition of participation in our program, you agree to the following. If you do not agree to the following, do not participate in our online program.
-Our Wellness and postpartum educational and exercise programs, even if targeted at specific medical or physical problem, are intended to provide general education and advice and are not specific medical or physical therapy advice for you or any other individual. If KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC or a guest contributor suggest self-assessment procedures, such as procedures are not intended to be a substitute for a medical or physical therapy exam. If we answer questions from you or other participants in the group, our answers are intended to be hypothetical only and are not intended as specific medical or physical therapy advice for you or any individual. You understand and agree that none of our communications, whether in an individual or group session, establish a doctor patient, patient therapist, or any other relationship with KRYSTINE ERNEST FITNES/PHYSIQUE FITNESS STUDIO, LLC or any of its employees, agents, contributors, or representatives. If you seek or require specific individualized advice, we will refer you to a medical provider in your area or recommend a physical therapy consultation.
-You understand that there are risks associated with participating in any exercise program. You may be at risk for energy injuries, including but not limited to tendonitis and muscle strains, back or neck injuries, paralysis, cardiovascular events, or even death. If an exercise requires balance, you could be at risk for falling, which could result in an injury including fracturing bones. You may also experience muscle soreness from working muscles that are weak or deconditioned. When using exercise equipment, such as weights, resistance bands, or therapeutic balls, there are always risks that the equipment may malfunction or fail, potentially causing injury, especially if equipment is not properly used.
-We recommend you obtain medical clearance from your primary care provider before participating in our online program. Your participation in our online program is solely at your own risk whether you obtain medical clearance or not. You knowingly and freely assume all risk, both known and unknown, associated with participating in our program and assume full responsibility for your participation.
-We do not claim or make any representation that, by participating in any of our exercise/fitness, Wellness, nutrition, and/or coaching program(s), you will achieve any particular or specific therapeutic, performance, or other results.
-You understand that although our program instructors maybe physical therapists and or medical professionals our virtual programs, whether offered to the public for free or through a paid program, are not physical therapy interventions or medical advice. You acknowledge and agree that we have not examined you and have no duty to examine you, and that no doctor patient relationship, client therapist relationship, or any other special relationship currently exists or will be established as a result of your watching or participating in our general exercise/fitness, Wellness, and general coaching program(s).
-You understand and agree that you have no expectation of privacy while participating in an online group session. If you participate in an individual online instructional or educational session, you understand that this is not considered a “telehealth” session because we are not providing medical or physical therapy interventions or advice, therefore, state and federal health care privacy laws (such as HIPAA) do not apply. As such, you should not disclose information about yourself or any other person that you do not want other participants to know.
- If the program you participate in is a group session, we may record the session and post it on social media sites or on our website. We may also use it for other promotional purposes for training period if you do not want your image to be recorded, you should block or turn off your webcam. If you do not block or turn off your webcam, you are consenting to being recorded and allowing us to use your image in our recording for any legal purpose at our discretion without any expectation of attribution or compensation. We will not associate your name with any recording that contains your image without your consent, provided you do not voluntarily state your name at any time during the recording.
- We may recommend products that we think may benefit you through our education/coaching sessions. We may be affiliates of this tribute are or manufacturer of the products we recommend, meaning we may make a small Commission from your purchase of the recommended product. The products we recommend on our website in our blog posts are always products we use ourselves or recommended to clients. However, by recommending a product and/or providing a link, we are not endorsing any particular vendor and make no claims or warranties regarding the products we recommend. You are free to obtain the recommended products or similar products from the vendor of your choice.
- You acknowledge and accept the potential technology risks associated with participating in an online program, including but not limited to risk of (1) interruption of the audio/ video link, (2) disconnection of the audio/video link, (3) video that may not be clear, and (4) potential of unauthorized access to the live or recorded session. KRYSTINE ERNEST FITNESS/PHYSIQUE FITNESS STUDIO, LLC and its employees, agents, contributors, and representatives are not responsible for these and other technology problems.
- To the fullest extent permitted by law, you hereby agree, on behalf of yourself and you're heirs, signs, personal representatives, beneficiaries, and next of Kin, to assume all risk and release Krystine Ernest, PHYSIQUE FITNESS STUDIO, LLC (doing business as “KRYSTINE ERNEST FITNESS”) and its officers, members, employees, subcontractors, agents, contributors, representatives, assigns, and any other participants (“Releasees”) from liability for any and all claims, lawsuits, damages, costs and expenses, including reasonable attorneys fee, or relating to any personal injury, property damage, disability, death, or loss arising from your viewership, use, or participation in any of our programs, whether arising from the negligence of the Releasees or otherwise.
We can be reached at [email protected].
Thank you for participating.