TERMS OF SERVICE

Welcome to Olio.fit (the “Website”) an online platform owned and operated by   OLIO

FITNESS, LLC, (“OLIO FITNESS / OLIO FIT”, “we”, “us” or “our”) that provides its clients

(as defined below) with remote personal training services available through online video

software and programing. These terms and services are a legally binding agreement

between you and OLIO FITNESS / OLIO FIT regarding your use of the Website and use

and purchase of the OLIO FITNESS / OLIO FIT Service. By accessing or using the

Website or using or purchasing OLIO FITNESS / OLIO FIT Service, you acknowledge that

you have read, understood and agree to be bound by these terms & conditions, including

any additional guidelines, the OLIO FITNESS / OLIO FIT Privacy Policy, and any future

modifications thereto (collectively the “Agreement”), whether or not you become a client

of OLIO FITNESS / OLIO FIT by purchasing services offered by OLIO FITNESS / OLIO FIT.

(“Client”).

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE OLIO FITNESS / OLIO FIT

PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR THE OLIO FITNESS / OLIO FIT

SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.

1. Eligibility – You must be at least eighteen (18) years of age or the age of majority

in the place of your residence to become a client or purchase OLIO FITNESS /

OLIO FIT Services. Service is restricted to natural persons. By using the OLIO

FITNESS / OLIO FIT Service, you represent and warrant that you have the right,

authority and capacity to enter into this Agreement and you agree to abide by this

Agreement.

2. Privacy Policy – Your privacy is important to us. The OLIO FITNESS / OLIO FIT

Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by

reference. Please read the Privacy Policy carefully for details relating to the

collection, use and disclosure of your personal information.

3. Individual Features and Services – When using the Website and/or OLIO

FITNESS / OLIO FIT Services, including OLIO GYM AND OLIO HOME, you may be

subjected to specific services and features, which may be posted from time to

time on the Website. (the “Guidelines”) All such Guidelines are hereby

incorporated by reference in this Agreement. To the extent that any terms of

these terms & conditions conflict with any Guidelines, these terms & conditions

shall prevail.

4. Modification of Terms – OLIO FITNESS / OLIO FIT reserves the right, in its sole

discretion, to change, modify, add or remove portions of this Agreement at any

time and for any reason without notice to you and by simply updating this page.

This Agreement was last updated and is effective as up the “Updated” date

indicated below. You should visit this page from time to time to review the then-

current Agreement because it is binding on you and your continued use of or

access to the Website and use and/or purchase of OLIO FITNESS / OLIO FIT

Services after the posting of changes will be construed as your acceptance of

the revised Agreement. For any material changes to this Agreement, such as

amended terms will automatically be effective 30 days after they are initially

posted on the Website.

5. Client – When you purchase services on the Website, you become a client.

Clients using the OLIO FITNESS / OLIO FIT Service to receive training, instruction,

and guidance provided by OLIO FITNESS / OLIO FIT, fitness professional (as

described below) are known as “Clients”. Clients can use OLIO FITNESS / OLIO

FIT to access instruction and training events and lessons (each as a “Remote

Training Session”). Payments for each Remote Training Session will be

processed in accordance with the Client’s purchased sessions rate.

6. Cancellation of Remote or Face to Face Training Sessions – As a Client, you

may cancel remote or face to face training sessions up to 12 hours before your

Remote Training Session (the “Cancellation Period”).

7. Cancellation within the Cancellation Period – If you cancel a Remote Training

Session during the Cancellation Period, your account will not be charged for the

amount of the cancelled Remote Training Session.

8. Cancellation outside of the Cancellation Period – If you cancel a Remote

Training Session outside of the Cancellation Period, you will not receive a refund

or credit. At our sole discretion, we may decide to credit your account, in whole or

in part, for the cost of the cancelled Remote Training Session.

9. Cancellation by OLIO FITNESS / OLIO FIT – If a Remote Training Session is

canceled by your fitness professional, your account will be credited for the full

amount of the cancelled Remote Training Session.

10. Your Interactions with Other Clients –

11. Interactions with Other Clients – You are solely responsible for your interactions

with other clients of the Website (“Clients”) or Users. OLIO FITNESS / OLIO FIT

makes no representations or warranties as to the conduct of Clients or Users and

shall not be in any way liable for any conduct of any Client or User. You agree to

take reasonable precautions in all interactions with other Clients or Users,

particularly if you decide to meet offline or in person a Client and/or User. You

should not provide your financial information (for example your credit card, bank

account, social security, or other personal identification information) to other

Clients or Users.

12. Release – You hereby release OLIO FITNESS / OLIO FIT, its affiliates, contractors,

employees, agents or third party partners or suppliers from any and all claims,

demands, damages (actual, consequential, nominal, punitive, or otherwise),

equitable relief, and any other legal, equitable, and administrative remedy, of

every kind and nature, whether known, unknown, suspected or unsuspected,

disclosed or undisclosed, past, present, or future, arising out of our of in any way

connected with your interaction with other Clients or Users.

13. Term and Termination – This Agreement will remain in full force and effect while

you use the OLIO FITNESS / OLIO FIT Service and/or are a Client of OLIO

FITNESS / OLIO FIT. OLIO FITNESS / OLIO FIT may, in its sole discretion and for

any or no reason, terminate your account by sending notice to you at the email

address you provide in your Client Registration forms, or such other email

address you provide to OLIO FITNESS / OLIO FIT. Subject to applicable laws, if

OLIO FITNESS / OLIO FIT terminates your account in the OLIO FITNESS / OLIO

FIT Service because you have materially breached this Agreement, you will not be

entitled to any refund. All decisions regarding the termination of accounts shall

be made in the sole discretion of OLIO FITNESS / OLIO FIT. OLIO FITNESS / OLIO

FIT is not required to provide you notice prior to terminating your account. OLIO

FITNESS / OLIO FIT is not required to disclose, and may be prohibited from

disclosing, a reason for the termination of your account.

14. Account Security – You are responsible for maintaining the confidentiality of any

username and password you create or use to register for, purchase and/or use

the OLIO FITNESS / OLIO FIT Service. This includes any third party software or

platforms used to conduct your Remote Training Sessions. You agree to (a)

immediately notify OLIO FITNESS / OLIO FIT of any unauthorized use of your

username or password or any other breach of security, and (b) ensure that you

logout of any username or password based accounts each time you exit those

accounts and after each Remote Training Session. OLIO FITNESS / OLIO FIT will

not be liable for any loss or damage arising from your failure to comply with this

provision. You should use particular caution when accessing any accounts from

a public or shared computer so that others are not able to view or record your

passwords or other personal information.

Content on the Website 

15. Property Rights – OLIO FITNESS / OLIO FIT, and its licensors, own and retain all

proprietary rights in the Website and/or OLIO FITNESS / OLIO FIT Service. The

Website and/or the OLIO FITNESS / OLIO FIT Service contains content, visual

interfaces, interactive features, information, graphics, design, compilation,

computer code, products, software, services, intellectual property, and other

elements of the OLIO FITNESS / OLIO FIT Service (the “OLIO FITNESS / OLIO FIT

Materials”) that are protected by copyright, trade dress, patent and trademark

laws, international conventions, and other relevant intellectual property and

property rights, and applicable laws. Except for that information which is public

domain or for which you have been given express written permission, you may

not copy, modify, publish, transmit, distribute, license, perform, display, or sell any

OLIO FITNESS / OLIO FIT Materials. OLIO FITNESS / OLIO FIT Materials do not

include Client or User Content (as defined below) or other content submitted by

Users. OLIO FITNESS / OLIO FIT retains all rights not expressly granted in this

Agreement. You shall not acquire any right, title or interest to the Website, the

OLIO FITNESS / OLIO FIT Service or OLIO FITNESS / OLIO FIT Materials, except

for the limited rights set forth in this Agreement.

16. Reliance on Content – Advice, opinions, statements, offers, or other information

or content, including without limitation User Content (as defined below), made

available through the Website and/or the OLIO FITNESS / OLIO FIT Service, but

not directly by OLIO FITNESS / OLIO FIT are those of their respective authors, and

should not necessarily be relied upon. Such authors are solely responsible for

such content. OLIO FITNESS / OLIO FIT does not: (i) guarantee the accuracy,

integrity, quality, legality, safety, completeness, or usefulness of any information

on the Website and/or the OLIO FITNESS / OLIO FIT Service, or (ii) adopt, endorse

or accept responsibility for the accuracy or reliability of any opinion, advice, or

statement made by any third party, person, or other fitness professional that

appears on the Website and/or the OLIO FITNESS / OLIO FIT Service. Under no

circumstances will OLIO FITNESS / OLIO FIT or its affiliates be responsible for

any loss or damage resulting from your reliance on information or other content

posted on the Website and/or the OLIO FITNESS / OLIO FIT Service or

transmitted to or by any Users or Members.

17. Health Information – The information provided through the Website and/or the

OLIO FITNESS / OLIO FIT Service may contain general health information. THIS

WEBSITE AND/OR OLIO FITNESS / OLIO FIT SERVICE DOES NOT PROVIDE

MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A

SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT

OR CARE. All specific medical questions you may have about your specific

medical condition, treatment, care, or diagnosis must be presented to your health

care professional. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR

DELAY SEEKING PROFESSIONAL ADVICE BECAUSE OF ANY INFORMATION

CONTAINED IN OR RELATED TO THE WEBSITE AND/OR THE OLIO FITNESS /

OLIO FIT SERVICE. PRIOR TO COMMENCING ANY EXERCISE REGIMENT OR

PERSONAL TRAINING SERVICE, YOU SHOULD CHECK WITH YOUR HEALTH

CARE PROVIDER.

Content Posted by You on the Website and/or the OLIO FITNESS / OLIO FIT

Service

18. Accurate Content – You are solely responsible for the User Content (as defined

below) that you publish or display (a “post”) on the Website and/or the OLIO

FITNESS / OLIO FIT Service, or transmit to other Users and/or Members.

19. Moderating Content – You understand and agree that OLIO FITNESS / OLIO FIT

may, but has no obligation to, moderate, review and delete any content,

comments, messages, photos or profiles (collectively, “User Content”), in each

case in whole or in part, that in the sole judgment of OLIO FITNESS / OLIO FIT,

violates this Agreement, might be offensive or illegal, or that might violate the

rights or safety of other Users or Members.

20. License to User Content – By posting or submitting User Content to any public

area of the Website and/or the Pandora Service, you automatically grant, and you

represent and warrant that you have the right to grant, to OLIO FITNESS / OLIO

FIT, its affiliates, licensees and successors, an irrevocable, perpetual, non-

exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce,

adapt, modify and distribute such information and User Content and to prepare

derivative works of, or incorporate into other works, such information and User

Content, and to grant and authorize sublicenses of the foregoing. You agree to

irrevocably waive (and cause to be waived) any claims and assertions of moral

rights or attribution with respect to your User Content. You also hereby grant to

each User and Client of the Website and/or the OLIO FITNESS / OLIO FIT Service

a non-exclusive license to access your User Content, in each case as permitted

by the functionality of the Website and/or the OLIO FITNESS / OLIO FIT Service

and this Agreement. The above license granted by you shall survive any

termination or expiration of this Agreement.

21. Representations and Warranties – In connection with the User Content, you

affirm, represent, and/or warrant that: (i) you own, or have the necessary

licenses, rights, consents, and permissions to post the User Content to the

Website and/or the OLIO FITNESS / OLIO FIT Service, to authorize OLIO FITNESS

/ OLIO FIT to use the User Content in the manner contemplated by OLIO FITNESS

/ OLIO FIT and this Agreement, and to grant the rights and licenses set forth

above, (ii) the public posting and use of your User Content by OLIO FITNESS /

OLIO FIT and other Users and Clients will not infringe or violate the rights of any

third party or violate any applicable law or regulation.

22. Prohibited User Content – The following is a partial list of the kind of User

Content that is illegal or prohibited on the Website and/or the OLIO FITNESS /

OLIO FIT Service. OLIO FITNESS / OLIO FIT reserves the right to investigate and

take appropriate legal action, in its sole discretion, against anyone who violates

this provision, including without limitation, removing the offending

communication from the Website and/or the OLIO FITNESS / OLIO FIT Service

and terminating the membership of such violators. It includes, but is not limited

to, User Content that:

1. is patently offensive to the online community, such as content that

promotes bias, racism, bigotry, hatred or physical harm of any kind

against any group or individual;

2. harasses or advocates harassment of another person;

3. involves the transmission of “junk mail”, “chain letters,” or unsolicited

mass mailing or “spamming”;

4. promotes information that you know is false, misleading or promotes

illegal activities or conduct that is bias, abusive, threatening, obscene,

profane, offensive, sexually oriented, racially offensive, defamatory or

libelous;

5. promotes an illegal or unauthorized copy of another person’s copyrighted

work, such as providing pirated computer programs or links to them,

providing information to circumvent manufacture-installed copy-protect

devices, or providing pirated images, audio or video, or links to pirated

images, audio or video files;

6. contains restricted or password only access pages, or hidden pages or

images (those not linked to or from another accessible page);

7. engages or promote actions, or distribution of materials, of a moral

turpitude or socially unacceptable nature;

8. solicits passwords or personal identifying information for commercial or

unlawful purposes from other Users or Clients; or

9. engages in commercial activities and/or sales without our prior written

consent such as contests, sweepstakes, barter, advertising, and pyramid

schemes.

23. User and Client Profile – All information you include in your client profile,

including without limitation the information in your billing account, must be

accurate, current and complete. If information provided to OLIO FITNESS / OLIO

FIT, subsequently becomes inaccurate, misleading or false, you will promptly

notify OLIO FITNESS / OLIO FIT of such change.

24. Prohibited Activities – OLIO FITNESS / OLIO FIT reserves the right to investigate

and terminate your membership if you have misused the Website and/or the

OLIO FITNESS / OLIO FIT Service, or behaved in a way which could be regarded

as inappropriate or whose conduct is unlawful or illegal. The following is a partial

list of the type of actions that you may not engage in with respect to the Website

and/or the OLIO FITNESS / OLIO FIT Service:

25. You will not use the Website or the OLIO FITNESS / OLIO FIT Service for any

purpose that is unlawful or prohibited by this Agreement;

26. You will not impersonate any person or entity;

27. You will not “stalk” or otherwise harass any person;

28. You will not express or imply that any statements you make are endorsed by

OLIO FITNESS / OLIO FIT without our specific prior written consent;

29. You will not use any robot, spider, site search/retrieval application, or other

manual or automatic device or process to retrieve, index, “data mine”, or in any

way reproduce or circumvent the navigational structure or presentation of the

Website and/or the OLIO FITNESS / OLIO FIT Service or its contents;

30. You will not post, distribute or reproduce in any way any copyrighted material,

trademarks, or other proprietary information without obtaining the prior consent

of the owner of such proprietary rights;

31. You will not remove any copyright, trademark or other proprietary rights notices

contained on the Website and/or the OLIO FITNESS / OLIO FIT Service;

32. You will not interfere with or disrupt the Website and/or the OLIO FITNESS / OLIO

FIT Service or the servers or networks connected to the Website and/or the OLIO

FITNESS / OLIO FIT Service;

33. You will not post, email or otherwise transmit any material that contains software

viruses or any other computer code, files or programs designed to interrupt,

destroy or limit the functionality of any computer software or hardware or

telecommunications equipment;

34. You will not forge headers or otherwise manipulate identifiers in order to disguise

the origin of any information transmitted through the Website and/or the OLIO

FITNESS / OLIO FIT Service;

35. You will not “frame” or “mirror” any part of the Website and/or the OLIO FITNESS

/ OLIO FIT Service, without OLIO FITNESS / OLIO FIT’s prior written authorization.

You also shall not use meta tags or code or other devices containing any

reference to OLIO FITNESS / OLIO FIT, the Website or the OLIO FITNESS / OLIO

FIT Service in order to direct any person to any other web site for any purpose;

36. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,

decompile or otherwise disassemble any portion of the Website or the OLIO

FITNESS / OLIO FIT Service or any software used on or for the Website or the

OLIO FITNESS / OLIO FIT Service or cause others to do so.

37. Modifications to the Website and/or the OLIO FITNESS / OLIO FIT Service –

OLIO FITNESS / OLIO FIT reserves the right at any time to modify or discontinue,

temporarily or permanently, the Website and/or the OLIO FITNESS / OLIO FIT

Service (or any part thereof) with or without notice. You agree that OLIO FITNESS

/ OLIO FIT shall not be liable to you or to any third party for any modification,

suspension or discontinuance of the Website and/or the OLIO FITNESS / OLIO

FIT Service.

38. Blocking of IP Addresses – In order to protect the integrity of the Website and/or

the OLIO FITNESS / OLIO FIT  Service, OLIO FITNESS / OLIO FIT  reserves the

right at any time in its sole discretion to block Users or Members from certain IP

addresses from accessing the Website and/or the OLIO FITNESS / OLIO FIT

 Service.

Copyright Policy

1. Infringement Notice –. It is OLIO FITNESS / OLIO FIT s policy to respond to clear

notices of alleged copyright infringement. If you are a copyright owner or an

agent thereof and you believe that any content hosted on the Website and/or the

OLIO FITNESS / OLIO FIT Service infringes your copyrights, please contact us at

the address provided below.

2. Repeat Infringer – Please note that OLIO FITNESS / OLIO FIT will promptly

terminate without notice any User’s or Client’s access to the Website and the

OLIO FITNESS / OLIO FIT Service if that User or Member is determined by OLIO

FITNESS / OLIO FIT to be a “repeat infringer.” A “repeat infringer” is a User or

Client who has been notified by OLIO FITNESS / OLIO FIT of infringing activity

violations more than twice and/or who has had their User Content or any other

User-submitted content removed from the Website and/or the OLIO FITNESS /

OLIO FIT Service more than twice.

Disclaimers

1. Results Not Guaranteed – OLIO FITNESS / OLIO FIT DOES NOT GUARANTEE

ANY RESULTS FROM USE OF THE WEBSITE AND/OR THE OLIO FITNESS / OLIO

FIT SERVICE. OLIO FITNESS / OLIO FIT DOES NOT ENDORSE ANY

SUPPLEMENTS OR NUTRITION PROGRAMS OR PRODUCTS OFFERED THROUGH

THE WEBSITE AND/OR THE OLIO FITNESS / OLIO FIT SERVICE. ANY

STATEMENTS, GUARANTEES, OR OTHER INFORMATION THAT MAY BE

PROVIDED TO YOU BY PROFESSIONALS OR OTHER USERS OF THE WEBSITE

AND/OR THE OLIO FITNESS / OLIO FIT SERVICE ARE SOLELY ATTRIBUTABLE TO

THE PROFESSIONAL OR USER. OLIO FITNESS / OLIO FIT IS NOT LIABLE FOR

ANY STATEMENTS OR GUARANTEES MADE BY PROFESSIONALS OR OTHER

USERS.

2. No Warranties; “As Is,” “As Available,” and “With All Faults” – TO THE FULLEST

EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OLIO FITNESS / OLIO

FIT, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL

WARRANTIES, STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING,

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU

EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND/OR THE OLIO

FITNESS / OLIO FIT SERVICE IS AT YOUR SOLE RISK AND THAT ANY ADVICE

THAT MAY BE POSTED ON THE WEBSITE AND/OR THE LIFT SERVICE IS FOR

INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WILL NOT

CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE WEBSITE

AND/OR THE OLIO FITNESS / OLIO FIT SERVICE, USER CONTENT AND ANY

THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS

MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE

AND/OR THE OLIO FITNESS / OLIO FIT SERVICE ARE PROVIDED ON AN “AS IS”,

“AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR

REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

3. Operation and Content – OLIO FITNESS / OLIO FIT IS NOT RESPONSIBLE FOR

ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR IN CONNECTION

WITH THE WEBSITE AND/OR THE OLIO FITNESS / OLIO FIT SERVICE, WHETHER

CAUSED BY USERS, CLIENTS OR BY ANY OF THE EQUIPMENT OR

PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE AND/OR THE

OLIO FITNESS / OLIO FIT SERVICE. OLIO FITNESS / OLIO FIT ASSUMES NO

RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION,

DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE

FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR

ALTERATION OF, USER OR CLIENT COMMUNICATIONS. OLIO FITNESS / OLIO

FIT IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION

OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS,

SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF

EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC

CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION

THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR

TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM

PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE

WEB AND/OR IN CONNECTION WITH THE WEBSITE AND/OR THE OLIO FITNESS

/ OLIO FIT SERVICE.

4. User and Member Conduct – OLIO FITNESS / OLIO FIT IS NOT RESPONSIBLE

FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR

MEMBER. UNDER NO CIRCUMSTANCES WILL OLIO FITNESS / OLIO FIT OR ANY

OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS

BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY

OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE AND/OR ANY

CONTENT POSTED ON THE WEBSITE AND/OR THE OLIO FITNESS / OLIO FIT

SERVICE OR TRANSMITTED TO USERS OR MEMBERS, AND/OR ANY

INTERACTIONS BETWEEN USERS OR CLIENTS, WHETHER ONLINE OR OFFLINE.

OLIO FITNESS / OLIO FIT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE,

INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANY EVENTS OR

ACTIONS OCCURRING AT VENUES OR ANY INTERACTION BETWEEN A USER OR

CLIENT AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION

EMPLOYEES OF A VENUE OR OTHER PATRONS OF A VENUE.

5. Links and Third Party OLIO FITNESS / OLIO FIT Services – The Website and/or

the OLIO FITNESS / OLIO FIT Service may provide, or third parties may provide,

links or functionality through the Website and/or the OLIO FITNESS / OLIO FIT

Service to other websites or third party resources (“Third Party OLIO FITNESS /

OLIO FIT Services”). Because OLIO FITNESS / OLIO FIT has no control over Third

Party OLIO FITNESS / OLIO FIT Services, you acknowledge and agree that OLIO

FITNESS / OLIO FIT is not responsible for the availability of the Third Party OLIO

FITNESS / OLIO FIT Services, and does not endorse and is not responsible or

liable for any content, advertising, products or other materials on or available

from the Third Party OLIO FITNESS / OLIO FIT Services. You further acknowledge

and agree that OLIO FITNESS / OLIO FIT shall not be responsible or liable, directly

or indirectly, for any damage or loss caused or alleged to be caused by or in

connection with the use of, or reliance upon, any such content, goods or services

available on or through Third Party OLIO FITNESS / OLIO FIT Services. ACCESS

AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION,

MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR

AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK.

When you leave the Website, these Terms and Conditions no longer govern. You

should review applicable terms and conditions and policies, including the privacy

and data gathering practices, of any Third Party OLIO FITNESS / OLIO FIT

Services.

Release of Liability for Injury or Death; Limitation on Liability; Damages

1. Release of Liability for Injury or Death – YOUR PARTICIPATION IN REMOTE

TRAINING SESSIONS OR OTHER PROGRAMS THROUGH THE WEBSITE AND/OR

THE OLIO FITNESS / OLIO FIT SERVICE IS AT YOUR OWN RISK. Exercise

programs of any kind represent an inherent danger to participants. OLIO FITNESS

/ OLIO FIT IS NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT

RESULTS FROM USE OF THE WEBSITE AND/OR THE OLIO FITNESS / OLIO FIT

SERVICE INCLUDING PARTICIPATION IN REMOTE TRAINING SESSIONS. YOU

RELEASE OLIO FITNESS / OLIO FIT FROM ALL LIABILITY FOR INJURY OR DEATH

THAT RESULTS FROM YOUR PARTICIPATION IN A REMOTE TRAINING SESSION

OR USE OF THE WEBSITE AND/OR THE OLIO FITNESS / OLIO FIT SERVICE.

Members should consult a physician before beginning use of the OLIO FITNESS /

OLIO FIT Service or any exercise program or training session. Not all exercise

programs or training sessions are appropriate for all Clients. PLEASE CHECK ALL

EQUIPMENT AND THE AREA IN WHICH YOU ARE USING THE OLIO FITNESS /

OLIO FIT SERVICE FOR ANY DANGEROUS CONDITIONS. IN CASES WHERE

APPLICABLE LAW DOES NOT ALLOW THE ABOVE RELEASE OF LIABILITY, OLIO

FITNESS / OLIO FIT’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED

BY APPLICABLE LAWS.

2. Limitation of Liability – Except in jurisdictions where such provisions are

restricted, in no event, and under no legal theory, including without limitation,

negligence, will OLIO FITNESS / OLIO FIT or its affiliates, contractors, employees,

agents or third party partners or suppliers be liable to you or any third person for

any indirect, consequential, exemplary, incidental, special or punitive damages,

including without limitation lost profits, data or use or cost of cover, even if OLIO

FITNESS / OLIO FIT has been advised of the possibility of such damages. In

cases where applicable law does not allow the above limitation of liability, OLIO

FITNESS / OLIO FIT’s liability will be limited to the extent permitted by applicable

laws.

3. Limitation of Damages – In no event shall OLIO FITNESS / OLIO FIT or its

affiliates, contractors, employees, agents, or third party partners, licensors or

suppliers’ total liability to you for any cause whatsoever (whether in contract, tort

(including negligence), warranty, or otherwise), and regardless of the form of the

action, exceed the greater of: (i) three hundred US dollars (US$ 300) or (ii) the

amount paid by you to OLIO FITNESS / OLIO FIT for the OLIO FITNESS / OLIO FIT

Service in the 12 months prior to the action giving rise to the liability.

4. Indemnity by You – You agree to indemnify and hold OLIO FITNESS / OLIO FIT,

its parent companies, subsidiaries, affiliates, officers, agents, licensors, and other

partners and employees, harmless from any loss, liability, claim, damages,

obligations, or demand, including attorney’s fees, made by any third party due to

or arising out of (i) your use of the Website and/or the OLIO FITNESS / OLIO FIT

Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or

(iv) any breach of your representations and warranties set forth above. OLIO

FITNESS / OLIO FIT reserves the right, at your expense, to assume the exclusive

defense and control of any matter for which you are required to indemnify us and

you agree to cooperate with our defense of these claims. You agree not to settle

any matter without the prior written consent of OLIO FITNESS / OLIO FIT.  OLIO

FITNESS / OLIO FIT will use reasonable efforts to notify you of any such claim,

action or proceeding upon becoming aware of it.

Miscellaneous

1. Notice –. OLIO FITNESS / OLIO FIT may provide you with notices, by email, text

message or postings on the Website. Notice will be deemed given 24 hours after

the email is sent, unless OLIO FITNESS / OLIO FIT is notified that the email

address is invalid. Alternatively, we may give you notice through a mechanism

made available through the Website, such as through the use of a pop-up on the

Website.

2. No Third Party Beneficiaries – You agree that, except as otherwise expressly

provided in this Agreement, there shall be no third party beneficiaries to this

Agreement.

3. Jurisdiction and Choice of Law – This Website and the OLIO FITNESS / OLIO

FIT Service are controlled and operated by us and this Agreement, this Website,

the OLIO FITNESS / OLIO FIT Service and any use of the Website or the OLIO

FITNESS / OLIO FIT  Service shall be governed by the laws of the United States

applicable therein without reference to principles of conflict of laws. The

application of the United Nations Convention on Contracts for the International

Sale of Goods is expressly excluded. You hereby irrevocably consent to the

exclusive jurisdiction and venue of the courts in the United States and irrevocably

agree that all disputes shall be heard in such courts. You agree that a final

judgment in any such action or proceeding shall be conclusive and may be

enforced in other jurisdictions by suit on the judgment or in any other manner

provided by law.

4. Waiver – A provision of this Agreement may be waived only by a written

instrument executed by the party entitled to the benefit of such provision. The

failure of OLIO FITNESS / OLIO FIT to exercise or enforce any right or provision of

this Agreement will not constitute a waiver of such right or provision.

5. Survival – Sections 4, 7(b), 8, 9, 11(c), 12, 14 and 16 will survive any termination

of this Agreement. Subject to the foregoing, all terms that by their nature may

survive termination of this Agreement shall be deemed to survive such

termination.

6. Entire Agreement – This is the entire agreement between you and OLIO FITNESS

/ OLIO FIT relating to the subject matter herein and supersedes all previous

communications, representations, understandings and agreements, either oral or

written, between the parties with respect to said subject matter. The Agreement

shall not be modified except in writing, signed by both parties, or by a change to

the Agreement made by OLIO FITNESS / OLIO FIT as set forth in Section 4 above.

7. Severability – If any provision of this Agreement shall be unlawful, void, or for

any reason unenforceable, then that provision shall be deemed severable from

this Agreement and shall not affect the validity and enforceability of any

remaining provisions.

8. Assignment – The Agreement, and any rights and licenses granted hereunder,

may not be transferred or assigned by you, but may be assigned by OLIO

FITNESS / OLIO FIT without restriction. Any assignment made, or attempted to

be made, in violation of this Agreement shall be void.

9. Headings – The heading references herein are for convenience purposes only, do

not constitute a part of this Agreement, and shall not be deemed to limit or affect

any of the provisions hereof.

10. Claims – YOU AND OLIO FITNESS / OLIO FIT AGREE THAT ANY CAUSE OF

ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE OLIO

FITNESS / OLIO FIT SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER

THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS

PERMANENTLY BARRED.

11. Disclosure – The Website and the OLIO FITNESS / OLIO FIT Service are offered

by OLIO FITNESS / OLIO FIT., Email: adapt@olio.fit

Privacy Policy

Last updated: February 5th 2018

Olio Fitness, LLC., (“OLIO FITNESS / OLIO FIT”) operates https://olio.fit (the “Site”). This page

informs you of our policies regarding the collection, use and disclosure of Personal

Information we receive from users of the Site. We use your Personal Information only for

providing and improving the Site. By using the Site, you agree to the collection and use of

information in accordance with this policy.

Information Collection And Use

While using our Site, we may ask you to provide us with certain personally identifiable

information that can be used to contact or identify you. Personally identifiable information

may include, but is not limited to your name, email address, contact information, phone

number (“Personal Information”).

Log Data

Like many site operators, we collect information that your browser sends whenever you visit

our Site (“Log Data”).

This Log Data may include information such as your computer’s Internet Protocol (“IP”)

address, browser type, browser version, the pages of our Site that you visit, the time and date

of your visit, the time spent on those pages and other statistics. In addition, we may use third

party services such as, but not limited to, Piwik, Open Web Analytics, FoxMetrics,

The Log Data section is for businesses that use analytics or tracking services in websites or

apps, like Piwik, Open Web Analytics, FoxMetrics.

Communications

OLIO FITNESS / OLIO FIT may use your Personal Information to contact you with

newsletters, marketing or promotional materials and other information that may be deemed

useful or appropriate.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique

identifier. Cookies are sent to your browser from a web site and stored on your computer’s

hard drive. Like many sites, we use “cookies” to collect information. You can instruct your

browser to refuse all

cookies or to indicate when a cookie is being sent. However, if you do not accept cookies,

you may not be able to use some portions of our Site.

Security

The security of your Personal Information is of utmost importance to OLIO FITNESS / OLIO

FIT, however, no method of transmission over the Internet, or method of electronic or cloud

storage, is absolutely secure. While OLIO FITNESS / OLIO FIT strive to use commercially

acceptable means to protect your Personal Information, we cannot guarantee its absolute

security.

Changes To This Privacy Policy

This Privacy Policy is effective as of December 1st 2018 and will remain in effect except with

respect to any changes in its provisions in the future, which will be in effect immediately

after being posted on this page. OLIO FITNESS / OLIO FIT reserves the right to update or

change our Privacy Policy at any time, without notice, and you should check this Privacy

Policy periodically. Your continued use of the Service after any posted modifications to the

Privacy Policy on this page will constitute your acknowledgment of the modifications and

your consent to abide and be bound by the modified Privacy Policy.

If OLIO FITNESS / OLIO FIT make any material changes to this Privacy Policy, we will notify

you either through the email address you have provided us, or by placing a prominent notice

on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us. adapt@olio.fit