Last Revised: October 19, 2023
Welcome and thank you for your interest in the Movara Fitness, LLC website (the “Site”) owned and operated by Movara Fitness, LLC (the “COMPANY”, “We”, “Our”, or “Us”). These Terms of Service govern your access and use of the Site and all publicly available content, services and/or products provided by the Us, including through the Site (collectively, the “Services”). Visitors to the Site and users of the Services are referred to herein individually as “User”,“YOU”, or “YOUR” and collectively as “Users”. This statement of Terms and Conditions applies to all Movara Fitness, LLC entities and affiliated companies.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
- INTELLECTUAL PROPERTY
YOU acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, YOU agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to the COMPANY through the website, internet groups, social media venues, or to any of our staff via email, text or otherwise, YOU are representing: (i) that YOU are the owner of the material, or are making YOUR posting or submission with the express consent of the owner of the material; and (ii) that YOU are eighteen years of age or older. In addition, when YOU submit, email, text or deliver or post any material, YOU are granting the COMPANY, and anyone authorized by COMPANY, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, YOU grant the COMPANY, and anyone authorized by the COMPANY, the right to identify YOU as the author of any of YOUR postings or submissions by name, email address or screen name, as we deem appropriate. For the sake of clarification, nothing contained in this section is meant to transfer ownership of any of my underlying intellectual property that YOU may share with the Companies. This provision is referring to the Impressions and recordings in which YOU appear.
- ABILITY TO ACCEPT TERMS AND CONDITIONS
YOU affirm that YOU are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
- REFUND AND CANCELLATION POLICY
The COMPANY offers online registration for a number of its programs. Current refund and cancellation policies are as follows, and may change from time-to-time. If the program or product is not listed below we do not offer refunds on those programs or products.
A. Movara Resort On-Site Stays
- YOU are responsible for full payment of fees for the entire program and/or services, regardless of whether YOU have selected a lump sum or scheduled payment plan. YOU must satisfy the total payment allocated to the agreed upon resort stay before checking in at our on-site registration desk.
- You accept the terms of Our Registration Agreement and Release of Liability Agreement.
- YOU may cancel YOUR Movara Resort on-site stay within three business days from the date of order. To further clarify, no refunds will be issued after three business days, and all scheduled payments must be paid on a timely basis.
- If YOU are YOU are cancelling or requesting a date change after YOUR remaining balance has been processed (balance is processed two weeks prior to YOUR arrival), YOUR payment will be held for YOU to use as credit within the next 12 months.
- If YOU are cancelling or requesting a date change less than one week prior to YOUR scheduled arrival YOUR payment will be held to use as credit within the next 12 months, plus YOU will be charged a $300 rescheduling fee.
- If YOU are cancelling or requesting a date change less than 72 hours prior to YOUR scheduled arrival, 50% of YOUR payment will be held for YOU to use as credit within the next 12 months. 50% of YOUR weekly rate will be forfeit
- If YOU are marked as a no call, no show on arrival day YOU will forfeit the full amount for that week. This means none of YOUR payment for that week will be available as future credit.
B. Movara Home (“MH”)
A. YOU may cancel YOUR MH Program within three business days from the date of order. To further clarify, no refunds will be issued after three business days, and all scheduled payments must be paid on a timely basis.
B. YOU hereby acknowledges that there is a three (3) month, six (6) month, or twelve (12) month minimum commitment to join the MH program as a User and as determined within User’s signed contract for the MH program. After the initial term, the contract will automatically renew the Program in one (1) month increments following the same billing terms until either party gives notice in writing that they do not wish to continue the contract with a minimum of 30 days’ notice to email@example.com
C. Current Movara Home members as of October 1, 2023 are eligible to join Movara Home on a month-to-month basis and not under a three (3) month, six (6) month, or twelve (12) month minimum commitment that will continue until YOU provide a minimum thirty (30) days’ notice of cancellation. Should YOU choose to later join Movara Home again, you will not be eligible for a month-to-month option and will be required to choose a three (3) month, six (6) month, or twelve (12) month minimum commitment.
D. YOU are responsible for full payment of fees for the entire Program and/or services, responsible for full payment of fees for the entire Program, whether you participate fully in the Program services and benefits or not.
E. In the event YOUR Program level allows for a one (1) week stay at the Movara Resort on-site, YOU are allowed one (1) week of attendance at the Movara Resort in St. George, Utah. This benefit is provided upon the completion of the 9th payment OR when the Program is paid in full under User’s contract for eligible levels of the Program only.
- In the event YOUR Program includes a a week at the Movara Resort in St. George, Utah, should a circumstance arise where YOU cannot attend YOUR chosen and scheduled week for which you registered, and YOU cancel or requests a date change: a) greater than 7 days in advance of YOUR scheduled arrival, YOU may chose a different date within 12 months with no penalty; b) less than 7 days prior to YOUR scheduled arrival, a $300 change fee will be billed to YOU and YOU may reschedule within the next 12 months; c) less than 72 hours prior to YOUR scheduled arrival, a $600 change fee will be billed to YOU and YOU may reschedule within the next 12 months; d) if YOU no show at the scheduled arrival time YOU will forfeit that week and may not reschedule for a future date.
F. For other services or benefits (i.e.: specialty coaching sessions) under certain levels of the Program, all payments must be completed prior to the delivery of that service unless otherwise pre-authorized by the speciality coach.
G. To further clarify, no refunds will be issued and all monthly payments must be paid on a timely basis. If monthly payment becomes more than 10 days late, MOVARA reserves the right to suspend all activity on Client’s behalf until all payments have been caught up per the payment schedule. If a monthly payment becomes more than 30 days late, the entire balance becomes due and payable on day 31.
H. YOU agree to schedule their MH onboarding call within fourteen (14) calendar days of signing this contract and completing payment.
I. Changing YOUR’s Program Onboarding Call date will not result in a change to YOUR’s payment plan dates outlined in YOUR agreement, and all scheduled payments are due as originally scheduled. YOU agrees to remit payment to MH as per YOUR specific contract YOU signed upon engaging the MH Program. Said contract stipulates that:
- If multiple payments are selected to pay for the services, each payment will be auto-billed on the designated date of each month as designated in the agreement signed.
J. All 1:1 and group coaching sessions in the Program must be utilized within the month they are offered to YOU and may not carry over or bank for future use. These are provided as a “use it or lose it” service under the Program and will be forfeited by YOU if not used.
4. PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT
A. For products that YOU purchase from us that are delivered through a download link, YOU will be given a URL to access and download the product(s) YOU purchased. In such instances, YOU agree not to share the download link with other people who did not purchase the product(s).
B. For products that YOU purchase from us that are delivered through a membership site, YOU will be given a user name and password to access the course materials and tools. In such instances, YOU agree not to share YOUR login information with other people who did not purchase the product(s). YOU will not sell access to this program or duplicate and sell any of it’s content without written permission.
C. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at YOUR own risk.
D. Use of content, unless otherwise stated, is for YOUR own personal, non-commercial use. YOU may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
E. We reserve the right to discontinue or modify without notice or liability, any portion of this web site. However, in the rare event that We decide to discontinue a particular online product or service YOU have paid for, We will either fulfill the services for the duration of the specific term that YOU paid for, or in our sole discretion, We will offer YOU a refund for the services that were not yet rendered. If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to YOU for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
F. YOU affirm, represent, and warrant that YOUR participation on this web site and the content YOU submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. YOU also represent and warrant that content YOU submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate YOUR account without prior notice for a violation of this provision.
G. YOU understand and agree to not place an unreasonable burden on the server hosting this web site or membership site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.
H. YOU understand and agree not to provide false information about YOURSELF, to impersonate another individual or provide misleading or false content.
I. YOU understand and agree not to post or transmit any information, software or other material that contains a virus or other harmful component.
J. YOU agree that any ideas, suggestions, or improvements that YOU provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to YOU.
K. YOU agree and understand that by participating in any group coaching program with COMPANY, COMPANY reserves the right to record such group coaching calls/meetings and COMPANY shall be the owner of such recordings. COMPANY shall have complete authority to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the group coaching calls, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. If YOU do not wish to be recorded, then please do not participate in any group coaching calls/meetings.
- THIRD PARTY REFERENCES/HYPERLINKS
This site may link YOU to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and YOU acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
- CONTACTING US
If YOU need to contact us, YOU can email us at firstname.lastname@example.org, call us at (888) 870-2639, or send us a letter at: Movara Fitness, 290 Fitness Way, Ivins, UT 84738.
- DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to YOU hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by YOU for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Upon a request by COMPANY, YOU agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from YOUR misuse of this site.
- SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between YOU and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between YOU and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware. YOU hereby consent to binding arbitration in the State of Delaware to resolve any disputes arising under this Terms and Conditions.
- ARBITRATION OF DISPUTES
Except for payment/collection issues or infringement of COMPANY’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Utah. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Utah. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEB SITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.
- CLASS ACTION WAIVER
ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of this website or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).