MRT Optimal Fitness
Terms & Conditions
MRT OPTIMAL FITNESS MEMBERSHIP AGREEMENT
IMPORTANT LEGAL NOTICE: THIS MRT OPTIMAL FITNESS MEMBERSHIP AGREEMENT (THE “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU OR ANY PERSON ACTING ON YOUR BEHALF FOR THE PURPOSE OF PROVIDING YOU ACCESS TO THE MRT OPTIMAL FITNESS MEMBERSHIP PROGRAM (“MRT FITNESS”) AND/OR ANY MRT WORKOUTS (“YOU” OR “YOUR”), AND JAG ATHLETICS, LLC D/B/A MRT OPTIMAL FITNESS (“MRT”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING OR REGISTERING.
DISCLAIMER: BY ELECTRONICALLY SIGNING OR OTHERWISE INDICATING EITHER VERBALLY OR IN WRITING YOUR WILLINGNESS TO REGISTER FOR MRT FITNESS MEMBERSHIP, YOU VOLUNTARILY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU ACCESS, USE, OR PARTICIPATE IN A MRT WORKOUT OR OTHER MRT EVENTS, PRODUCTS OR SERVICES, YOU REAFFIRM YOUR ACCEPTANCE OF THIS AGREEMENT AND/OR THE MOST RECENT VERSION OF THIS AGREEMENT.
MRT OPTIMAL FITNESS PROGRAM TERMS AND CONDITIONS:
INITIAL MINIMUM COMMITMENT; AUTOMATIC RENEWAL. YOUR MRT MEMBERSHIP IS A COMMITMENT FOR AN INITIAL MINIMUM NUMBER OF NORMAL (I.E. NON-FREEZE) MRT MEMBERSHIP PAYMENTS BASED ON THE STATED TERM OF YOUR SELECTED MRT FITNESS MEMBERSHIP (THE “INITIAL MINIMUM MRT MEMBERSHIP COMMITMENT”).
FOLLOWING YOUR INITIAL MINIMUM MRT MEMBERSHIP COMMITMENT, YOUR MRT MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS, AND YOU WILL BE CHARGED THE THEN-CURRENT MONTHLY MRT MEMBERSHIP FEE FOR YOUR MRT MEMBERSHIP, UNLESS YOU TIMELY CANCEL YOUR MEMBERSHIP, AS REQUIRED UNDER THIS AGREEMENT.
Payments; Monthly Charges. Your MRT Fitness Membership will be due on the same day each month, at the then-current MRT Membership price, less any applicable discounts, and as later adjusted or increased in accordance with this Agreement, or in accordance with the terms of any Add-On Services, upgraded or replacement memberships, or modified membership features you may purchase (the “Monthly MRT Membership Fee”). The first Monthly MRT Membership Fee will be charged on the day the membership agreement is signed. The Monthly membership Fee may include other agreed-upon amounts purchased by you and incorporated into this Agreement. We may adjust your Monthly MRT Membership Fee in connection with any applicable trial or opt-in periods and/or changes to the specific type of MRT Membership you purchase.
Payment Authorization. You authorize MRT and its third-party payment processing vendor(s) to charge your Monthly MRT Membership Fee, and any other agreed-upon amounts under this Agreement, including any separately sold MRT Services purchased by you, to the credit card, debit card, or other payment mechanisms you provide to MRT and/or associated with your User Account. You acknowledge and agree that you are responsible for the timely payment of all such amounts that are due and owing.
YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR BANK AND CREDIT CARD STATEMENTS, AND FOR NOTIFYING YOUR FINANCIAL INSTITUTION IN A TIMELY MANNER OF ANY ERRONEOUS CHARGE THAT APPEARS ON YOUR BILLING STATEMENT. YOU HEREBY WAIVE ALL CLAIMS AGAINST THE MRT FOR ANY DISPUTED PAYMENTS.
MRT “Perks”. As part of your MRT Membership, you may be eligible to participate in a “perks” program that may feature the ability to earn rewards and discounts redeemable for certain MRT products or services, subject to change from time to time in our sole discretion (“MRT Perks”). Any perks you earn cannot be redeemed for cash or transferred to another member’s account. If your MRT Membership ends for any reason, any MRT Perks you have accrued as part of MRT Membership will be forfeited and permanently deleted.
Access to MRT Workouts. The terms of this Agreement cover your access to any workout sessions that may be provided, or made available, to you by MRT and its independent contractors or its independent franchise owners, including, all fitness routines, training, classes, or any other form of exercise led in person, by video, group chat, prior recording, or any third-party videoconferencing or other internet-based platforms, whether conducted outdoor, indoor, virtually, (online) or any other workouts based on the specific type of MRTMembership you purchase (collectively, the “MRT Workouts”).
Reservation of Rights. MRT reserves the right to modify or alter any aspect of MRT Memberships, including, any temporary or permanent shift to a different modality of offering, and to offer MRT Membership to third parties at different rates and terms than those accepted by you. MRT reserves the right to supplement, amend or otherwise modify any rules and policies governing MRT Membership, MRT Workouts or any other MRT Services published from time to time without prior notice to you, and you agree to follow the same.
Representations by You. You represent and warrant to MRT that: (a) you are an individual 18 years of age or older and a United States resident; (b) you had the opportunity to read this Agreement; (c) you are voluntarily entering into this Agreement; (d) any MRT Workouts are made available to you solely for your personal, noncommercial use; and (e) all information you provide to MRT is truthful and accurate.
Sales Final; Non-Transferable. This Agreement is limited to one MRT Membership per person and does not include any other products, services, or events made available by MRT, from time to time, and sold separately (collectively, the “MRT Services”). All sales are final and irrevocable, and except as provided under applicable law, your purchase is not subject to or eligible for a refund or return regardless of whether you become injured, have an unexpected business or family emergency, travel issues, or whether any MRT class or MRT Workouts are postponed, canceled or modified for any reason. All inquiries regarding this policy will be directed back to this statement. Your purchase of a MRT Membership is not transferable for any reason, and you may not assign, transfer, give or sell your MRT Membership to anyone else. Violations of this policy may result in you being permanently banned from MRT, including, but not limited to, participating in or accessing MRT Workouts or other MRT Services.
Cancellation: To cancel your membership, you must email MRT at info@mrtoptimalfitness.com or you will need to be present in person and speak to an MRT representative. To cancel you will have to provide notice at least seven (7) days before the expiration of your next monthly billing date. If, within the first thirty (30) days of the Agreement commitment period you notify MRT that you would like to cancel your Agreement Membership, MRT Optimal Fitness will honor a one-time cancellation, with no cancellation fee and no refund of the initial payment and/or any included fees. In the event that you have surpassed your initial thirty (30) days, and want to cancel your MRT Membership before the minimum Agreement commitment is fulfilled, MRT may retain or collect a portion of the Agreement price equal to the proportionate value of the services or use of locations you have already received. There will be a cancellation fee charged at the time of cancellation in the minimum amount of $300.00, and or up to the amount of what is left to pay off the remainder of your Agreement commitment. You or your estate may cancel in the event of your death. NOTICE: ANY HOLDER OF THIS CONTRACT OR MEMBERSHIP AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. All inquiries regarding MRT’s cancellation policy will be directed back to this paragraph.
MRT Freeze Payments: Under certain circumstances that we may specify from time to time in our sole discretion, we may permit you to temporarily suspend your Monthly MRT Membership Fee for a limited time period (subject to your payment of an administrative fee set by MRT periodically in its sole discretion) (the “Freeze Period” or “Freeze Payment”). During the Freeze Period, you will retain all MRT Perks accrued as of the Freeze Payment date and any other MRT Membership features and your applicable MRT Membership status; provided, however, that you will not be able to attend any MRT Workouts, accrue any additional MRT Perks, or receive other benefits that MRT members would normally receive during the Freeze Period. For the avoidance of doubt, any Freeze Payment paid by you under this Agreement will not count toward your Minimum MRT Membership Commitment. Certain MRT Memberships may not be eligible for Freeze Periods. We reserve the right to modify or eliminate altogether, during or following your Minimum MRT Membership Commitment, the availability of Freeze Payments, in our sole discretion, based on future changes to the MRT Membership program or changes to your specific MRT Membership.
Fee Increases. MRT reserves the right to increase your Monthly MRT Membership Fee during your Minimum MRT Commitment for any reason, including due to (i) expiring, misused or changes to any applicable discounts; (ii) any underlying price changes to MRT’s products and services; or (iii) any Add-On Services that you may purchase from time to time; or (iv) as determined by MRT from time to time in its sole discretion, or if required by local laws and regulations, as determined by MRT’s independent contractors or independent franchise owners.
Taxes; Default Charges. MRT reserves the right to charge, and you agree to pay, any and all taxes imposed by the applicable taxing authorities on your MRT Membership, Monthly MRT Membership Fee, or any other MRT Services. You shall pay any late charges, collection costs, and legal expenses (including, without limitation, costs and reasonable attorneys’ fees), that MRT incurs or assesses in connection with collecting any unpaid amounts you may owe, including the balance of all amounts due in connection with your remaining Minimum MRT Membership Commitment, plus interest at the maximum allowable rate. Regardless of whether you accept MRT’s electronic communications policy as further described below, you agree that MRT or third-party vendors may contact you by phone, including by mobile phone, to settle financial balances or debts between you and MRT.
Refusal and Termination by MRT. MRT may temporarily or permanently refuse its products and services to you, and may refuse to allow you to participate in MRT Membership and MRT Workouts, including, but not limited to, terminating your User Account without notice, recourse, or refund if (a) you are or MRT suspects that you are, in any way involved in fraudulent or illegal activity; (b) if MRT determines you are disruptive, disorderly, harassing, abusive or pose a safety risk to MRT, anyone attending MRT Workouts, or their property; (c) if you violate any rules, policies or guidelines governing MRT Optimal Fitness, (d) if you fail to pay any outstanding debt due and owing under this Agreement or your User Account or (e) if you breach this Agreement.
Assumption of Risks; Liability Waiver. YOU HEREBY VOLUNTARILY GIVE YOUR FULLY INFORMED CONSENT TO PARTICIPATE IN MRT OPTIMAL FITNESS MEMBERSHIP, INCLUDING PARTICIPATING IN MRT WORKOUTS OR ANY OTHER MRT SERVICES, AND YOU CERTIFY THAT YOU HAVE BEEN WARNED ABOUT, UNDERSTAND, AND ACCEPT ANY AND ALL RISKS AND REQUIREMENTS OF THE TYPES DESCRIBED IN THIS AGREEMENT AND ASSOCIATED WITH PARTICIPATING IN THE MRT WORKOUTS, WHETHER KNOWN OR UNKNOWN, NOW OR IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, THE FACT THAT: (A) MRT WORKOUTS MAY INVOLVE CHALLENGING FITNESS PROGRAMS THAT CONSIST OF VIGOROUS WORKOUTS, OBSTACLE COURSE-STYLE CHALLENGES, AND OTHER PHYSICALLY DEMANDING OR STRENUOUS ACTIVITIES THAT COULD RESULT IN SUNBURN, OVERHEATING, HEATSTROKE, ABNORMAL BLOOD PRESSURE, EXCESSIVE SWEATING, DIZZINESS, RAPID HEARTBEAT, FAINTING, EXHAUSTION, SPRAINS, STRAINS, FRACTURES, ANIMAL BITES, STINGS, CONTACT WITH POISONOUS PLANTS, EXPOSURE TO PATHOGENS AND OTHER CONTAGIOUS DISEASES, AND IN RARE INSTANCES POSSIBLE HEART ATTACK, PERMANENT PARALYSIS, STROKE, OR EVEN DEATH (THE “INHERENT RISKS”);(B) MRT WORKOUTS MAY POSITIVELY OR NEGATIVELY AFFECT OR CHANGE YOUR HEALTH AND WELLNESS, AND (C) MRT WORKOUTS ARE INTENDED ONLY FOR HEALTHY INDIVIDUALS). YOU ALSO REPRESENT AND WARRANT TO US THAT YOU (1) HAVE CONDUCTED A THOROUGH INVESTIGATION OF MRT OPTIMAL FITNESS MEMBERSHIP AND MRT WORKOUTS; (2) HAVE CONSULTED WITH AN INDEPENDENT, LICENSED, MEDICAL PROFESSIONAL WHO IS FAMILIAR WITH YOUR MEDICAL HISTORY AND CONDITIONS REGARDING YOUR ABILITY TO PARTICIPATE IN MRT OPTIMAL FITNESS OR MRT WORKOUTS; AND (3) WILL NOT PARTICIPATE IN ANY MRT WORKOUT IN A MANNER THAT MAY INJURE OR AFFECT THE SAFETY OF YOU OR OTHERS. YOU HEREBY FOREVER WAIVE ANY CLAIMS RELATED TO THE INHERENT RISKS ASSERTED AGAINST US OR OUR AFFILIATES, AGENTS, EMPLOYEES, VENDORS, INDEPENDENT CONTRACTORS, AND INDEPENDENT FRANCHISE OWNERS, WHETHER KNOWN OR UNKNOWN, WHETHER IN EXISTENCE NOW OR ARISING IN THE FUTURE, RELATING TO ANY PHYSICAL OR EMOTIONAL INJURY OR DAMAGES YOU MAY SUFFER AS A RESULT THE INHERENT RISKS ASSOCIATED WITH PARTICIPATING IN ANY ASPECT OF CG BOLD, CG WORKOUTS OR ANY OTHER CG SERVICES, WHETHER CONDUCTED IN-PERSON OR VIRTUALLY.(C) YOU AGREE THAT YOUR PARTICIPATION IN OR ACCESS TO MRT MEMBERSHIP, MRT WORKOUTS, OR ANY OTHER MRT SERVICES, WHETHER IN-PERSON OR VIRTUALLY, IS DONE AT YOUR OWN RISK. THE RISK OF SERIOUS INJURY OR DEATH IS INHERENT IN MRT WORKOUTS AND CANNOT BE ELIMINATED.
Disclaimers and Limitations. General Disclaimer. MRT Membership, MRT Workouts, and any other MRT Services are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. MRT does not make, nor has MRT made, any representations or warranties of any kind (whether direct or indirect, oral or written, or express or implied) to you with respect to MRT Membership and/or MRT Workouts, including, but not limited to, the success, performance, functionality, reliability, or safety of the MRT Workouts. MRT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, RELIABILITY, AND PERFORMANCE, AND ANY WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM, AND USAGE IN TRADE WITH RESPECT TO THE MRT WORKOUTS AND THE MRT SERVICES. MRT DOES NOT MAKE, NOR HAS MRT MADE, ANY AFFIRMATION OF FACT OR PROMISE RELATING TO MRT MEMBERSHIP AND/OR MRT WORKOUTS.
Disclaimer About Third Parties. MRT expressly disclaims any and all liability arising from or in connection with, and shall not be responsible for, any acts, errors, or omissions of any vendors or contractors who may operate or provide certain services in relation to MRT Memberships, the MRT Workouts, or any other MRT Services. MRT does not control and does not make any assurances to you or any other person or entity about your experiences with any other registrants of MRT Memberships, the MRT Workouts, the MRT Services, or your experiences with any vendors or contractors who may operate or provide certain services in relation to MRT Memberships, the MRT Workouts, or any other MRT Services. You acknowledge and agree that (i) MRT has no responsibility or liability to you related to any information, communications, content made by, or any interactions you may have with any third parties; (ii) such third parties may not be skilled, abled, authorized, or reliable; and (iii) despite such knowledge, you are willing to voluntarily visit, access, and participate in MRT Memberships, and the MRT Workouts. Disclaimer About System Delays. You acknowledge and agree that the MRT Services may be subject to technological limitations, delays, and other problems inherent in the use of third-party communication networks that are outside of MRT’s control. MRT EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES, OR DAMAGES ASSOCIATED WITH YOUR ACCESSING OF MRT SERVICES THAT RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS, OR OTHER FAILURES OF OR PROBLEMS THAT ARE OUTSIDE OF MRT’S CONTROL, INCLUDING, BUT NOT LIMITED TO, SCHEDULED MAINTENANCE OR NETWORK FAILURE.
Disclaimer of Property Liability. MRT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR GUEST(S) FOR ANY PERSONAL PROPERTY THAT IS DAMAGED, LOST OR STOLEN WHILE ON OR AROUND ANY MRT LOCATIONS OR DURING YOUR PARTICIPATION IN MRT MEMBERSHIPS OR MRT WORKOUTS, INCLUDING, BUT NOT LIMITED TO, ANY BAGS, APPAREL, VEHICLES, OR THEIR CONTENTS.
Disclaimer of Promotional Items. MRT reserves the right to offer certain promotions, challenges, or contests during your access to MRT Memberships (the “Promotion(s)”). Promotions are limited to residents of the United States and promotional items will not be shipped outside the United States. MRT reserves the right, at its sole discretion, to cancel, modify or terminate any Promotion if, for any reason, a Promotion is not capable of running as planned, including without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of such Promotion. MRT reserves the right, in its sole and absolute discretion, to disqualify any individual deemed to be (A) tampering or attempting to tamper with the entry process or the operation of a promotion; (B) violating the terms of this Agreement or the rules of any Promotion; or (C) acting in an unsportsmanlike or disruptive manner, or with intent to, abuse, threaten or harass any other person. If a Force Majeure Event occurs, MRT will be excused from offering promotional items under any Promotion. For purposes of this Agreement, a “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents MRT from holding these promotions, including, but not limited to, any act of God, war, hostilities, invasion, acts of foreign enemies, mobilization, rebellion, revolution, military or usurped power, civil war, pandemics, epidemic, contamination, riot, strikes, lock-outs, acts or threats of terrorism. If you qualify for a promotional item, you must complete all steps prescribed to redeem and receive this item. MRT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY ISSUES THAT MAY INTERRUPT OR DELAY YOUR RECEIPT OF THESE PROMOTIONAL ITEMS, INCLUDING, BUT NOT LIMITED TO, SUPPLY-CHAIN ISSUES, SHIPPING OR FREIGHT ISSUES, ETC.
Consumer Protection Laws. The disclaimers and limitations set forth in this Agreement are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable state or federal law. In the event there is a conflict between the terms of this Agreement and any applicable consumer protection law, the applicable consumer protection law shall govern and control, and MRT will enforce the remaining terms of this Agreement to the fullest extent allowable under law.
Links to Other Sites, Networks, Platforms, Servers, and Apps. Linked Technologies. MRT Membership, the MRT Workouts, and the MRT Services, may contain links to third-party websites, networks, platforms, servers, and/or applications (“Linked Technologies”). The Linked Technologies are not under the control of MRT and are provided to you as a convenience. Your decision to access any Linked Technologies is done at your own risk. Disclaimer About Linked Technologies. MRT is not responsible for any malicious software, spyware programs, inaccurate information, and illegal content that may be found on the Linked Technologies. You acknowledge and agree that your decision to access any Linked Technologies is done at your own risk. MRT shall not be responsible for any delays, failures, losses, injuries, liabilities, or damages associated with MRT Membership, the MRT Workouts, or the MRT Services that result from any system delays, downtimes, interruptions, or other failures of or problems with MRT Membership, the MRT Workouts or the MRT Services, which are outside of MRT’s control (including, without limitation, scheduled maintenance, or network failure). MRT’s use of the Linked Technologies does not constitute an affiliation with, association with, or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies.
Devices and Carrier Fees. Certain portions of MRT Membership may be configured for computers, tablets, smartphones, and/or other electronic devices (the “Device(s)”), and held virtually. You are responsible for obtaining and updating your Device, software, operating system, carrier, and network access necessary to properly access and participate in MRT Membership. MRT does not guarantee that MRT Membership or any virtual portions will function on or in connection with any particular Device, software, operating system, carrier, or network. If you access or participate in MRT Membership through a particular Device, then you hereby acknowledge and agree that information about your use of MRT Membership or any other MRT Services through that Device or its carrier or network may be communicated to MRT and/or certain third parties. The voice, message, and data fees, rates, charges, and taxes of your Device’s carrier or network, or another third party, may apply to your access to or participation in MRT Membership or any other MRT Services. MRT is not responsible for, and you further accept full responsibility for, all Device, carrier, and network fees, rates, charges, and taxes which may apply, if any.
Consent and License to Use Your Name and Likeness. By registering for MRT Membership, MRT Workouts, or any other MRT Services, or by publishing on an online social media account that you own and link or otherwise associate with the MRT Workouts or your User Account, you hereby consent to MRT’s use of your name, photo, likeness or voice (collectively, with any social media postings, the “User Materials”) to promote or publicize MRT Membership, MRT Workouts or any other MRT Services, whether internally or externally, in any format whatsoever, including, but not limited to, photographs, audio, film, print media, television, and/or social media. You hereby assign and transfer to MRT any ownership rights you may have to the User Materials. To the extent necessary under law, you hereby grant to MRT an irrevocable, perpetual license to use the User Materials in any media or format without any compensation paid to you.
YOU HEREBY RELEASE MRT FROM LIABILITY RELATING TO ITS USE OF ANY USER MATERIALS LICENSED OR ASSIGNED BY YOU IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM YOU MAY HAVE FOR PRIVACY, ALTERATION, DISTORTION, ROYALTIES, OR COMPENSATION, AND YOU FURTHER WAIVE ANY RIGHT YOU MAY HAVE TO INSPECT OR APPROVE ANY USER MATERIALS OR ANY FUTURE USE OF SUCH MATERIALS (INCLUDING DERIVATIVE WORKS) BY MRT OR ITS AUTHORIZED AFFILIATES AND INDEPENDENT CONTRACTORS OR INDEPENDENT FRANCHISE OWNERS.
Express Consent to Receive Text Communications; Opt-in. You acknowledge and reaffirm your express consent to MRT sending or otherwise communicating with you for any lawful purpose via any electronic means as MRT deems appropriate in its sole discretion, whether through the MRT Optimal Fitness Website, through the MRT mobile app, through your User Account, by personal communication, by email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, or by text message. You further acknowledge that you are not required to reaffirm the foregoing consent as a condition for participating in MRT Membership and/or MRT Workouts. You may opt out of any electronic communications at any time by using any reasonable opt-out method as further described in the Standard Terms or otherwise permitted by applicable law.
Ownership; Limited License to Access MRT Workouts. MRT Membership, the MRT Workouts, and the MRT Services,and all elements and derivatives thereof (including, but not limited to, all information, content, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by MRT. Subject to the terms and conditions of this Agreement, MRT grants you a limited, non-exclusive, personal, freely revocable, non-transferable, and non-sublicensable license to access and use MRT Membership, the MRT Workouts, or any MRT Services during the term of this Agreement. In no event shall you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. Nothing contained in this Agreement shall restrict or limit MRT’s rights, titles, or interests in or to the MRT Workouts, the User Materials, the Recorded Works, or any elements or derivatives of the foregoing, or shall be construed as a waiver or limitation of MRT’s or its affiliates’ respective rights and remedies under applicable law.
Additional Agreements and Policies. This Agreement supplements, and is incorporated by reference into the TERMS OF USE AND WAIVER at www.mrtoptimalfitness.com and applicable PRIVACY POLICY (www.mrtoptimalfitness.com) for the MRT Optimal Fitness website and MRT mobile app (collectively, “Standard Terms”). By entering into this Agreement, you are acknowledging that you have read and understand, or have had an opportunity to read and understand, the most recent version of the Standard Terms. You accept and agree to, or reaffirm your acceptance and agreement to, the Standard Terms. If any term or condition of this Agreement conflicts with a term or condition of the Standard Terms, then the conflicting term or condition of this Agreement shall govern and control. Your purchase of and participation in MRT Membership is subject to all rules and policies MRT publishes from time to time without prior notice to you, and you agree to follow the same.
Add-On Services. This Agreement and the Standard Terms apply to any additional MRT Services or product offerings (“Add-On Services”) that you may purchase from time to time. In certain instances, your consent (to us or to our independent contractors or independent franchise owners), whether by action, verbally, through electronic means, or otherwise in writing, to purchase available Add-On Services constitutes your acceptance to be bound by the terms of such Add-On Services, including, but not limited to, any additional increased MRT Membership Minimum term commitments, recurring payment obligations, and upon such acceptance, our mutual consent to amend this Agreement to incorporate the same.
Services by Independent Contractors and/or Independent Franchise Owners. The services provided under this Agreement shall be performed and carried out by one or more independent contractors or independent franchise owners of MRT or its affiliate companies. No part of this Agreement shall be construed or is intended to represent the creation of an employment, agency, partnership, or joint venture relationship between MRT and any of its independent contractors or independent franchise owners who at all times are independent contractors of MRT and its affiliate companies.
Indemnification. You hereby agree to indemnify, release, and hold harmless MRT and MRT officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, independent contractors, vendors, licensors, and independent franchise owners (the “MRT Parties”) from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys’ fees) incurred by or asserted against the MRT Parties by any third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your participation in the MRT Workouts or use of the MRT Services, (c) your violation of the rights of or other injury committed to any third party, or (d) your breach of all or any part of this Agreement.
Law and Forum. This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the MRT Optimal Fitness Website, MRT mobile app terms, Standard Terms, and Privacy Policy), and all disputes, controversies, and claims relating to the foregoing, your access of or participation in MRT Membership, the MRT Workouts, the MRT Services, or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity), shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Texas and applicable federal law, regardless of its place of execution, its place of performance, and any conflicts of law analysis. Both you and MRT irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Harris County, Texas for the resolution of all disputes, controversies, and claims relating to this Agreement, MRT Membership, MRT Workouts, the MRT Services, your User Account and agree that neither is an inconvenient venue or forum.
Miscellaneous. This Agreement, together with those additional terms, conditions, rules, and policies referenced herein and/or made available by hyperlink (including, without limitation, the Standard Terms), (a) constitutes the entire agreement and understanding between you and MRT with respect to the subject matter hereof; (b) supersedes any prior agreements and understandings, if any, between you and MRT with respect to such subject matter; (c) cannot be modified except in a writing signed by both you and MRT (or their respective successors, assigns, or transferees); and (d) shall inure to the benefit of and be binding upon you, MRT, and their respective successors, assigns, and transferees. Section headings are inserted for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement. If any term or condition of this Agreement is deemed invalid or unenforceable, then the remaining terms and conditions shall not be affected, and the invalidated or unenforceable term or condition shall be reformed to the maximum extent permitted under the law and consistent with the intent of this Agreement.
INITIAL MINIMUM COMMITMENT; AUTOMATIC RENEWAL. YOUR MRT MEMBERSHIP IS A COMMITMENT FOR AN INITIAL MINIMUM NUMBER OF NORMAL (I.E. NON-FREEZE) MRT MEMBERSHIP PAYMENTS BASED ON THE STATED TERM OF YOUR SELECTED MRT MEMBERSHIP OFFERING (THE “INITIAL MINIMUM MRT MEMBERSHIP COMMITMENT”).
FOLLOWING YOUR INITIAL MINIMUM MRT MEMBERSHIP COMMITMENT, YOUR MRT MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS, AND YOU WILL BE CHARGED THE THEN-CURRENT MONTHLY MRT MEMBERSHIP FEE FOR YOUR MRT MEMBERSHIP, UNLESS YOU TIMELY CANCEL YOUR MEMBERSHIP, AS REQUIRED UNDER THIS AGREEMENT.
Cancellation. To cancel your MRT Membership, you must contact an MRT Representative in person and complete the then-current cancellation steps provided by an MRT Representative at least seven (7) days before your next monthly billing date, unless a shorter time period is required by your State of residence. Unless you timely complete all the cancelation steps provided, you are not permitted to cancel your MRT Membership, including any additional MRT Services incorporated by reference in this Agreement. Except as explicitly permitted under this Agreement, you may not cancel your membership prior to fulfillment of your Minimum MRT Membership Commitment. All inquiries regarding MRT’s cancellation policy will be directed back to this paragraph.
Effective Date. The Effective Date of this agreement is the date you register for MRT Membership.
Last Modified. This standard MRT Membership Agreement was last modified on September 18, 2023.
