LIVE LOVE MOVE MEMBERSHIP AGREEMENT

This Membership Agreement is entered into and effective on the date indicated below, by and between Live Love Move, LLC, a New Jersey Limited Liability Corporation) (“Company”), and the undersigned (“Member”). This Membership Agreement outlines the relationship between Company and Member and defines how the parties will work together. 

For good and valuable consideration, Member agrees to purchase the Live Love Move MEMBERSHIP, a month-to-month class and support package, (“Membership”) from Company. In exchange, Company agrees to provide classes and coaching support services for Member, using appropriate techniques in accordance with Member’s needs and in alignment with Company’s role as a wellness and fitness services provider, with details as outlined below.

MEMBERSHIP PACKAGE DETAILS

The Live Love Move Membership is a monthly membership designed to provide easy, ongoing access to different livestream and/or in-person classes and/or recorded class videos, educational video supplemental library and group support gathering online.

This Membership Package includes the following services. The Company reserves the right to change and/or update services at any time.

Month-to Month Membership.

1. Access to three 60-minute livestream Nia® Mind-Body Movement classes per month. (Company Instructor may be substituted with another instructor or with a pre-recorded class or may not be available on occasion due to personal circumstances.) Livestream Nia® class recordings will be available for no more than 24 hours after recording per Nia® licensing terms.
   
2. Access to four weekly 45-minute livestream Ageless Grace® Brain Fitness Group Classes. Company Instructor may be substituted with another instructor or with a pre-recorded class or may not be available on occasion due to personal circumstances.) Select Ageless Grace® class recordings will be posted in the Library.
   
3. Access to new mini-classes offered monthly and posted in the Live Love Move Library.
4. Access to the Live Love Move Library of pre-recorded mini-movement classes and educational videos.
   
5. Access to Member Support Group which meets once per month online unless otherwise noted.
   
6. Member Success Path Guide and supplemental materials.
   
7. Member discount rates may be offered to attend additional online events or for private movement coaching sessions.

TERM

This is a month-to-month Membership. The term of this Membership Agreement shall be effective from the date of purchase through the end of the 30-day billing cycle and will automatically renew unless canceled in writing to [email protected] or through https://www.live-love-move.com/contact. All sessions must be used each month. If any unused sessions remain at the end of each 30-day term, they will be forfeited, without refund.

FEES

In consideration for the Membership Package provided by Company to the Member, Member agrees to pay the Company a fee of $67.00 USD (“Fee”) minus any promotional discount if offered prior to Member's original registration. Member agrees to the auto-renewal payment of $67.00 USD per month minus any promotional discount if offered prior to original membership registration. Member agrees to make automatic payments via Stripe (using Amex, Visa, Mastercard). The Company’s obligation to provide services to Member are conditional upon Member making timely payment. Member may cancel at any time (see TERMINATION section).

Member shall make monthly payments (every 30 days) to access the Membership Package.

COMMUNICATIONS

1. Group Support Sessions.

Monthly Online Group Sessions will be scheduled at a time that is universally acceptable to members. However, the Member understands this timing may not always work for Member’s schedule. Member understands that any inability to attend a Group Session is in no way the fault of the Company and does not affect the Membership Package or this Membership Agreement. 

2. Social Media Group. 

Member may be granted access to a private group on social media as part of the Membership Package.  When participating in this group, Member agrees not to post anything defamatory, harmful, hurtful, harassing, or that would constitute cyberbullying. Member understands that Company has a zero-tolerance policy and will immediately terminate Member’s access if this provision is violated. 

3. Access to Company.

During the Membership Package term, Company will be accessible to the Member by email. This includes up to 2 contacts per week. The Company will respond as soon as possible, usually within 24-48 hours and, if there is unexpected delay, Company will inform Member within a reasonable period of time with an update on when Member can expect a full response.

MEMBER RESPONSIBILITIES

Member agrees to adhere to the payment terms of this Agreement, actively participate in the classes and support sessions to the best of their ability, be honest with Company, communicate respectfully to Company, and provide all information and documentation requested by Company.

This Membership Package is designed to support you in reaching your goals, but success depends on many factors, including your own motivation, dedication, starting point, unique health and genetic profile, and life experience, and you understand that these factors will impact your results. You also understand that the Membership Package services offer guidance and direction but do not actually implement anything regarding your health for you. You are responsible for producing your results.

COMPANY RESPONSIBILITIES

Company agrees to arrive on time to classes/sessions, be prepared for all classes/sessions, serve as a guide and mentor, perform in a professional manner, and carry out this Membership Package in a professional manner. If a class time needs to be changed or canceled, or a substitute instructor or recorded class will be offered, Company will inform Member with advance notice, with an exception in the case of an emergency situation.

If any modification needs to be made to the schedule of classes on a continued basis, Member will be notified in advance.

CONFIDENTIALITY

This Member Agreement is a mutual non-disclosure agreement with both Company and Member agreeing not to disclose or make use of any confidential information learned about or through the other party. This mutual non-disclosure agreement remains in effect, even upon the completion and termination of this Membership Agreement. Any violation of this non-disclosure agreement may result in legal action against Member.

Throughout the Membership Package, Member will share private and confidential information with Company, for Member’s personal benefit and Company agrees not to disclose such confidential information to any third parties. Member may authorize Company to disclose such information in writing. 

A reserved exception to this is if Company is required by law to disclose information shared by Member, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Member, Company, a third party, or to respond to an emergency. In such an event, Company will limit disclosure to essential information.

Throughout the Membership Package, Company will share proprietary and confidential information with Member, for Member’s personal benefit, including, but not limited to, personal information, financial information, strategies, techniques, original work, and other unpublished information. Member agrees not to disclose such confidential information to any third parties.

All information shared in group sessions and in the social media group by Company or other group members is confidential. Member agrees not to disclose any information learned by, through or about any other group members.

Member and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

INTELLECTUAL PROPERTY

The Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Membership Package, unless otherwise stated, including but not limited to, documents, video recordings, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Member or specifically created for Member. 

By purchasing the Membership Package, Member is granted one limited, revocable, non-transferable license to view, read, download documents, print, and use the materials and content for Member’s personal benefit only, during active subscription, as directed by the Company. Video recordings cannot be downloaded. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Member agrees not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Company may terminate Member’s access to the Membership Package, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.

TERMINATION

Member may terminate this Member Agreement and discontinue the Membership Package at any time, for any reason, by providing notice to Company in writing, subject to the refund policy in this Member Agreement, however, no portion of payments already made will be refunded. If a payment plan has been elected, Member remains responsible for any outstanding payments, even though Member has terminated this Member Agreement.

Company may terminate this Member Agreement and discontinue the Membership Package if Company determines, in its sole discretion with no requirement for explanation, that the relationship must terminate. In this event Member will be entitled to a pro-rated refund of the current month’s membership that has been paid if there is time remaining on the current month's membership.

REFUND/CANCELLATION POLICY

The Company’s refund policy is as follows: 

There is a seven (7)-day “no questions asked” satisfaction guaranteed full refund; no refunds will be given after 8 days from date of purchase.

You can cancel your monthly membership at any time by emailing [email protected] or https://www.live-love-move.com/contact or by texting or calling +1-973-610-8353 or by mailing P.O. Box 216, Mount Tabor, New Jersey 07878, with the subject line: CANCEL. You must send written notice WITHIN 10 days of your next payment due date, to avoid being charged for the next 30-day payment cycle.

Member understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy. 

Member further understands that if Member cannot participate in the Membership Package, all payments are still due under this Agreement. Any chargeback or threat of chargeback made by Member will result in immediate termination of Member’s access to the Membership Package and an additional $250.00 fee charged to Member. 

When Membership has been canceled, Member will no longer have access to Company content. If Member chooses to renew after cancellation, the current monthly fee will apply.

NO GUARANTEES, NO WARRANTIES

Member is participating in this Membership Package voluntarily and understands that the Company makes no guarantees regarding Member’s results with this Membership Package. Member agrees that Company is not responsible and Member does not have a cause of action, legal remedy or an entitlement to a refund if Member does not achieve the desired result, or if there are errors or omissions in the Membership Package or any of its materials.

The Membership Package is provided “as is,” and, except for the express warranties in this Membership Agreement, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Member’s participation is voluntary and agrees not to hold Company responsible if Member becomes dissatisfied with the Membership Package. The Membership Package is intended for a general audience and is not in any way specific advice tailored to any individual.

DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE

Nothing in the Membership Package is intended to constitute or should be relied upon as medical advice. Member understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Membership Package is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition. Nothing in the Membership Package is intended to be a substitute for consultation, diagnosis, treatment or other professional medical advice from a healthcare professional, nor is it designed to provide Member with a medical diagnosis, treatment or other medical services. Company is providing services only in the capacity as a Nia® Instructor, Ageless Grace® Brain Health Educator/Trainer and Somatic Movement Coach, to assist Member in making changes to Member’s lifestyle, not as a healthcare professional. 

Nothing in the Membership Package is intended to constitute or should be relied upon as mental health, medical, financial, business or legal advice. Member understands that Company is not a psychologist’s office, psychiatrist’s office, therapist’s office, mental health practitioner’s office, physician’s office, naturopath’s office, licensed dietitian’s office, other licensed or registered healthcare professional’s office, accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Membership Package is intended to be a substitute for professional advice from a healthcare professional or licensed business professional. Company is providing services only in the capacity as a Nia® Instructor, Ageless Grace® Brain Health Educator/Trainer, and Somatic Movement Coach, not as a licensed mental health, medical, financial  or business professional. Coaching is in no way to be construed as psychological counseling, therapy or medical advice. Our Services are intended to provide you with tools to implement and use in your own life for self-help, in the area of natural wellness.

Member has read, understands and consents to be bound by Company’s full Disclaimer, located at https://www.live-love-move.com/disclaimer, which is incorporated here.

ASSUMPTION OF RISK

Member understands that the Membership Package may include participation in lifestyle strategies, exercise and movement elements which include inherent risks of harm, illness, injury and other negative results. Member confirms that prior to beginning this Membership Package with Company, Member will be evaluated by a licensed healthcare professional and will obtain medical clearance to participate in the Membership Package. If Member chooses not to obtain such medical clearance, Member assumes all risks and agrees not to hold Company responsible for any harm, illness, injury or other negative results. Member also confirms that during this Membership Package with Company, Member will always have the opportunity to consult with a licensed medical, mental health professional or licensed business professional before acting on any Content of the Membership Package. If Member chooses not to speak to a licensed medical, mental health professional or licensed business professional, Member assumes all risks of use or non-use of Company’s Content and agrees not to hold Company responsible for any harm, injury or other negative result.

LIMITED LIABILITY, INDEMNIFICATION

Member agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from this Member Agreement or the Membership Package, including any injuries sustained or medical ailments that result, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under this Member Agreement.

Member agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to this Member Agreement or Membership Package. 

GOVERNANCE

This Member Agreement shall be construed in accordance with, and governed by, the laws of the State of New Jersey as applied to contracts that are executed and performed entirely in New Jersey, regardless of Member’s location. The exclusive venue for any legal proceeding based on or arising out of this Member Agreement shall be Morris County, New Jersey.

DISPUTE RESOLUTION, LITIGATION EXPENSES

Should any dispute arise between Member and Company, it would be preferable to work it out amicably, but if that is not possible, then Member agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Morris County, New Jersey. Subscriber agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgement of law. Member understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.

Member understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO MEMBER.

If any legal action is brought because of an alleged dispute regarding this Member Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled. 

ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT

Member and Company agree that this Member Agreement constitutes the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Member understands that any expectation regarding the Membership Package, which is not specifically included in this Member Agreement is not included in the Membership Package. 

Member agrees that no waiver of any of the provisions of this Member Agreement shall be deemed, or shall constitute, a waiver of any other provision of this Member Agreement, nor shall any waiver constitute a continuing waiver.

Member agrees that this Member Agreement is not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Member and Company, or by an authorized signatory for either party.

If any term of this Member Agreement is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

This Member Agreement is not assignable, delegable, sub-licensable, or otherwise transferable. 

NOTICE

All notices, requests, demands, and other communications regarding this Member Agreement shall be in writing, sent via the US mail, and addressed as follows:

Live Love Move
PO Box 216
Mount Tabor, NJ 07878

SIGNATURES

Member and Company agree that Clickwrap is a valid form of signature for this Member Agreement. By clicking the box on the checkout page of the Kajabi.com platform, Member is agreeing to be bound by all terms of the Membership Agreement. 

Member has the opportunity to consult with an attorney and to have all questions answered by Company prior to entering into this Member Agreement.