Terms And Conditions

Updated on December 14, 2016

Binding Agreement

Definitions:

  • Fat Club, LLC, a California Limited Liability Company (hereinafter “Fat Club”).
  • One or more physical fitness program(s)/class(es) which may include, but not limited to group classes, individual training and/or coaching of any kind, as well as one or more nutrition program(s)/class(es) which may include, but not limited to dietary/nutritional plans and/or food delivery service(s) of any kind (hereinafter “Programs”).
  • www.fcvitality.com and/or www.DeathToFat.com (hereinafter “Website”).

These are the Terms and Conditions which govern the use of the Fat Club, LLC Website and the sale and purchase of Fat Club Programs. By ordering any of Programs or using the Fat Club Website, you agree to be legally bound and abide by these Terms and Conditions, just as if you and Fat Club had signed an agreement containing these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and Conditions you also agree to receive our email and text correspondence. The new law requires us to obtain your consent before we may contact you using our automated dialer. You are not required to give your consent (however it may impact our ability to provide pertinent information to you) and you may cancel this consent at any time by emailing info@fcvitality.com. Rest assured we take your privacy very seriously and your information will never be shared with or sold to any third parties.

Non-Refundable

Fat Club prides itself on a small number of participants in all Programs. Due to limited space all Deposits and Programs are 100% Non-Refundable for individuals who do not start and/or complete Fat Club Programs. Specific days missed by participants of Fat Club Programs for any and all reasons are Non-Refundable.

Guarantee

Fat Club is so confident in our Program’s ability to produce results we offer a 100% money back guarantee for all individuals who are not satisfied with their body recomposition upon full completion of Fat Club Programs so long as the individual has completed all workouts and has strictly adhered to the Fat Club dietary guidelines.

Payment Options

Fat Club accepts all major credit cards; Visa, American Express, MasterCard and Discover. The account entered will be billed and charged for the full value of delivery upon order submission.

Purchase Options

Deposit for Fat Club Programs and/or Waitlist – $300
Fat Club Programs less $300 Deposit – $1,695
Fat Club Programs – $1,995
Fat Club Hybrid Programs less $300 deposit – $1,850
Fat Club Hybrid Programs – $2,150
Muscle Club Programs less $300 Deposit – $1,795
Muscle Club Programs – $2,095

Meal Pick Up

Customers may pick up their meals at Fat Club Programs completion Monday through Friday. If you are unable to pick up your meals during the scheduled times, it is your responsibility to make alternative arrangements. As the meals are fresh and have limited shelf life, unclaimed meals and meals not picked up during the scheduled times (without prior alternative arrangements) will be disposed of or donated to a local food shelter.

Gift Certificates

Unless otherwise specified, gift certificates may be applied to any purchase of products or services offered by Fat Club at the time of redemption, and may be combined with other discounts and promotions. Gift certificates may not be redeemed for cash. Gift certificate purchases are final and non-refundable. Gift certificates do not expire until redeemed.

Acknowledgement and Acceptance of Risk

Consult your physician before beginning any diet, nutrition, or fitness plan. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and wellbeing.

You acknowledge that you have chosen to participate in Fat Club Programs. You also acknowledge that the Fat Club Programs in which you desire to participate are of a nature and kind that are extremely strenuous and can/may push you to the limits of your physical abilities. You recognize and understand that the Fat Club Programs offered at Fat Club are not without varying degrees of risk which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death; injury or death due to negligence on the part of yourself, your training partner, or other people around you; injury or death due to improper use of or failure of equipment; or injury or death due to a medical condition, whether known or unknown by you. You are aware that any of these above mentioned risks might result in serious injury or death to yourself or your training partner(s).

You willingly assume full responsibility for any and all risks that you are exposing yourself to as a result of your participation in Fat Club Programs and accept full responsibility for any injury or death that may result from your participation in any and all Fat Club Programs. You hereby certify that you know of no medical problems that would increase your risk of illness and injury as a result of participation in Programs designed by Fat Club. You fully understand that there exists the possibility of adverse physical changes during Fat Club Programs, that may include, but are not limited to, abnormal blood pressure, fainting, disorder of heart rhythm, stroke, rhabdomyolysis or extreme muscle damage, and in very rare instances, heart attack or even death. You also fully understand that the Fat Club Programs occur outdoors in a public space and, as such, you fully understand that you may encounter unexpected hazards and situations, including but not limited to, interactions with traffic, interactions with glass or other hazards on the ground, and interactions with people and/or pets. With your full understanding of the above information, you agree to assume any and all risk associated with your participation in Fat Club Programs.

You understand that all food provided by Fat Club Programs is intended for use only by healthy adult individuals. It is not intended for use by minors, pregnant women, individuals living with diabetes or individuals with any type of health condition which could be adversely affected by diet. You also understand and recognize that certain foods may cause allergic reactions in some people. You acknowledge food provided by Fat Club is prepared in a facility that is not certified to be free from wheat, gluten, dairy, soy, shellfish, nuts or other potential allergens and Fat Club cannot guarantee there will not be cross contamination. You understand that if you have a food allergy, regardless of its severity, you willingly assume full responsibility to refrain from all food provided by Fat Club Programs. With your full understanding of the above information, you agree to assume any and all risk associated with your participation in Fat Club Programs.

Release:

In full consideration of the above mentioned risks and hazards and in full consideration of the fact that you are willingly and voluntarily participating in the activities made available by Fat Club, and with your full understanding of all of the above, you voluntarily waive, release, discharge, and hold harmless Fat Club and its agents, officers, principals, members, employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, your participation in Fat Club Programs, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. You fully recognize and understand that if you are hurt, die, or your property is damaged, you am giving up your right to make a claim or file a lawsuit against Fat Club, even if they negligently or by some other act or omission cause the injury or damage. This agreement shall be binding upon you, your successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, you agree that the remainder of the agreement shall remain in full legal force and effect.

Indemnification:

You recognize that there is risk involved in Fat Club Programs. Therefore, you accept financial responsibility for any injury that you cause either to yourself or to any other participant due to your own negligence. Should Fat Club, or anyone acting on their behalf, be required to incur attorney’s fees and defense costs to enforce this agreement, you agree to reimburse them for such fees and costs. You further agree to indemnify, defend, and hold harmless Fat Club, their principals, agents, members, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from your negligent or intentional act or omission while participating in activities offered by Fat Club.

Use of Picture(s)/Film/Likeness

You understand participants of Fat Club Programs may be photographed or videotaped during training. You agree to allow Fat Club, its agents, officers, principals, members, employees and volunteers the use of picture(s), film and/or likeness of you for advertising purposes. In the event you choose not to allow the use of the same for said purpose, you agree that you must inform Fat Club of this in writing.

Website Terms of Use

If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any information you provide to us, and to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website, or any portion thereof by you. You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. Fat Club reserves the right to refuse or cancel your membership due to certain medical conditions, including those listed above. We also reserve the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from Fat Club’s third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.

Parental or Guardian Permission

You must be 18 years or older to purchase any product or service offered on or through the Website. We strongly recommend that minors under the age of 18 ask for their parent's or guardian's permission before viewing the Website, or ordering.

Communications

When you visit the Website or sign up for Programs from Fat Club, and send us information for processing your order, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, Fat Club may deliver communications (including legal notices) to you at the street address provided in your Fat Club membership account. Finally, Fat Club may deliver communications to you by any means set forth in any other Fat Club policy or notice published on the Website.

Restrictions on Use of Website

Unless otherwise specified, Fat club grants you a nonexclusive, nontransferable, limited license to access, use and display the Website and the material provided thereon for your personal, noncommercial use of ordering Fat Club Programs, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Fat Club. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fat Club without our express written consent. You may not use any metatags or any other hidden text utilizing Fat Club’s name or trademarks without the express written consent of Fat Club. Any unauthorized use terminates the permission or license granted by Fat Club. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray Fat Club, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Fat Club logo or other proprietary graphic or trademark as part of the link without our express written permission.

Contacting Fat Club

You may contact us by email at info@fcvitality.com; by mail to Fat Club, LLC, 3905 State Street, Suite 7201, Santa Barbara, CA 93105 Attn: Customer Service (provide your first and last name, and email address).

Disclaimers and Limitation of Liability

Users of our Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Fat Club, nor its principals, agents, members, employees, volunteers or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Fat Club does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY FAT CLUB ON AN "AS IS" AND "AS AVAILABLE" BASIS. FAT CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FAT CLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FAT CLUB OR ITS PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION LOSS, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF FAT CLUB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL FAT CLUB’S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FAT CLUB OR ITS PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Fat Club or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Neither Fat Club, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these Terms and Conditions.

Online Conduct

You acknowledge that all Content posted, emailed or otherwise transmitted to or on the Fat Club Website and Fat Club social media pages (Facebook, Twitter, Google+, Instagram, Pinterest, YouTube, etc.), whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as set forth below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website. Please refer to Fat Club’s Privacy Policy on our website, the terms of which are included herein by reference, for the provisions governing use of our website.

Links to Other Sites

The Website may reference or link to third-party sites throughout the World Wide Web. Fat Club has no control over these third-party sites or the content within them. Fat Club cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Fat Club does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Fat Club does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Fat Club for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.

Indemnity

You agree to defend, indemnify, and hold Fat club and Providers 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, your violation of these Terms and Conditions, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against Fat Club, and that no liability may attach to Fat Club in case of such violation by you.

Applicable Law

The Website is created and controlled by Fat Club in the State of California. The laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Fat Club reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time.

Arbitration Agreement

Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.

Copyrights

Copyright ©2019 Fat Club, LLC (Fat Club, fcvitality.com and/or DeathToFat.com). All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Fat Club [or its content suppliers] and are protected by United States and international copyright law. Fat Club enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved. Fat Club is a trademark of Fat Club, LLC.