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Nicole Simonin Coaching (formerly Shape It Up) Terms and Conditions

TERMS & CONDITIONS, AND DISCLAIMERS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using our Website and videos, you agree to these Terms and Conditions of Use (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE SHAPE IT UP PRODUCTS OR SERVICES.

SALES POLICY

The purchase of all digital products, e-books, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.

All services, digital products, e-books, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, e-book, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person.

All purchases for digital downloads made on https://www.shapeitupfitness.com/ and https://www.nicolesimonion.com are non-refundable and non-exchangeable. Since the services and products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via [email protected] to discuss a resolution.

  1.  Refund Policy - NO REFUNDS WILL BE MADE FOR ANY REASONS. 
  2. Access to Content and materials in Program You are granted access to the Program materials and Content within the Program, for the life of the Program only. This means you will have access to any Program materials found within the Program, provided your account is in good standing, for as long as the Company continues to host and provide access to the Content you have purchased. Please note that Company, in its sole right and discretion, may temporarily suspend or terminate your lifetime access in the Program at any time, without providing notice to you, if in Company’s discretion you have violated these Terms and Conditions in any way.
  3. By placing an order with Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC), you warrant that you are at least 18 years old (or have parents’ permission to buy from Nicole Simonin Coaching, LLC (formerly Shape It Up) and accept these terms & conditions which shall apply to all orders placed or to be placed at Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC).
  4. Nicole Simonin Coaching, LLC has the right to change any service, program and pricing at anytime without any notifications. 

DIETARY AND NUTRITION DISCLAIMER

Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) will not be held liable for your decision to undertake the nutrition guide and suggested meal plan. Before embarking on any diet or weight loss program you should consult your physician or health care professional, especially if you have recently been ill or have special dietary or medical requirements, or if you are pregnant or breast feeding, are a child, or are elderly.

You should not rely on the information in this nutrition guide as an alternative to professional medical advice from your doctor or healthcare provider. Nothing contained in this nutrition guide should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider.

Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately.

PHYSICAL FITNESS AND COACHING DISCLAIMER

Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) will not be held liable for your decision to undertake this fitness and coaching program. You should not rely on the information in this service as an alternative to professional medical advice from your doctor or healthcare provider. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC), its agents and employees.

You should consult your physician or other health care professional before starting this or any other fitness or coaching program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity.

Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. The use of any information provided in this program is solely at your own risk.

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

NEITHER THIS WEBSITE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, SHALL BE RESPONSIBLE IF YOU FAIL TO CONSULT THE APPROPRIATE HEALTH AUTHORITIES WITH RESPECT TO YOUR HEALTH CARE BEFORE ACTING ON OR USING ANY INFORMATION OR PRODUCTS FOUND ON THIS WEBSITE, NOR WILL THEY BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR THE USE OR MISUSE OF, THE INFORMATION ON THIS WEBSITE

TERMS & CONDITIONS

Your access to and use of this website, as well as all related websites operated by Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

  1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) ,(the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
  2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
  3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC).”, “Get Fit. Be Fierce. Have No Limits!”, “I help women over 40 lose weight for the last time” are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
  4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
  5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
  6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
  7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
  8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.nicolesimonin.com/ If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
  9. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website any Content, (collectively, the “Submissions”), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) may alter, adapt, or edit the Submissions and any further material created under these Terms and Conditions, and market and exploit it entirely at Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC)’s sole discretion. Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) is not obliged to make any use of the Submissions or exercise any of the rights granted by these Terms and Conditions.

Users of the Websites must only post Submissions that are owned by, and features, themselves, and no other third parties.

  1. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
  2. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe/Paypal/Square Up payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
  3. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
  4. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
  5. You agree that you are prohibited from posting or transmitting to the Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. Nicole Simonin Coaching, LLC (formerly Shape It Up, LLC) reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.
  6. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  7. This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Trenton, New Jersey. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
  8. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Release and Waiver of Liability

READ CAREFULLY: This affects your legal rights.

Nicole Simonin, LLC (formerly Nicole Simonin, LLC (formerly Shape It Up LLC) LLC) standards are to provide the highest quality in personal training but there are factors that may become out of Nicole Simonin, LLC (formerly Shape It Up LLC) control.

I understand I have hereby enrolled in a program of strenuous physical activity including but not limited to aerobic dance, weight training and various aerobic conditioning using various equipment, offered by Nicole Simonin, LLC (formerly Shape It Up LLC)  I hereby affirm that I am in good physical condition and do not suffer from any disability which would prevent or limit my participation in this exercise program.

In consideration of my participation in the Nicole Simonin Coaching service and/or program, I fully understand that I could injure myself as a result of my participation in the Nicole Simonin, LLC (formerly Shape It Up LLC)  fitness program and I hereby release Nicole Simonin, LLC (formerly Shape It Up LLC)   and its trainers from any liability now or in the future including, but not lim­ited to heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illnesses, soreness or injury however caused, occurring during or after my participation in the exercise program. I agree to allow SIU to use any photos submitted or any verbal statements for the use of promotions or other business related agendas.

In exchange for participating in the activity of exercising, physical exertion, and sporting activities,

Nicole Simonin, LLC (formerly Shape It Up LLC) sometimes referred to as “Health Coaching”, “Personal training”, “Fitness”, “Mindset or Behavior Coaching” or “bootcamp” organized by Nicole Simonin.

(Client’s Name):                                                   ______________________, I agree for myself, members of my family, heirs and assigns, to the following:

 

  1. I agree to observe any and all rules, regulations, warnings, and further agree to follow oral instructions of any instructor, trainer, agent, servant, workman and/or employee of Nicole Simonin, LLC (formerly Shape It Up LLC)

 

  1. I recognize that there are inherent risks associated with exercising and the related activities described above, and I assume full responsibility for any and all personal injury to myself, including death, and further release and discharge the Nicole Simonin, LLC (formerly Shape It Up LLC) sometimes referred to as “Personal training”, “Health Coach” its agents, servants, workmen and/or employees together with the owners of the property, their heirs and assigns, for injury, loss, or damage arising from my use or engagement in the activities identified above whether caused by my fault, myself, or any other person or party.

 

  1. I agree to indemnify, release, defend, and hold harmless Nicole Simonin, LLC (formerly Shape It Up LLC), sometimes referred to as “Health Coaching”, “Personal training” or “bootcamp” its agents, servants, workmen and/or employees together with the owners of the property, their heirs and assigns, for any and all claims, causes of action, damages, judgment, costs, or expenses, including attorney’s fees and other litigation costs which may arise from any of my activities related to exercise or my use of these services and/or programs.

 

  1. I agree to pay for any and all damages caused by my negligence, reckless or willful actions.

 

  1. I grant Nicole Simonin, LLC (formerly Shape It Up LLC) permission to use any photos submitted or any verbal or written statements for the use of promotions or other business-related agendas such as testimonials, presentations, brochures, etc. 

 

  1. Any claim that may arise from my participation in the activities related above or my presence on the premises shall be resolved in the Superior Court of New Jersey, Law Division, Salem County, and pursuant to New Jersey law.

 

I HAVE READ THE ABOVE DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY CHECKING THE BOX ON THIS PAGE MEANS YOU AGREE TO THE TERMS AND CONDITIONS, PRIVACY POLICY AND RELEASE AND WAIVER OF LIABILITY, I VOLUNTARILY SURRENDER CERTAIN OF MY LEGAL RIGHTS.

 

* Nicole Simonin, LLC (formerly Shape It Up LLC) strongly suggests that you consult your physician before beginning any exercise program if you are overweight or have been inactive for a long period of time or have never participated in an exercise program of any kind. This contract is good until a new contract has been issued.