By selecting “I Agree to the Terms of Service” and clicking “Complete” You (or “Your”) agree to the terms and conditions listed below, authorize Arena Ready Performance, Inc. doing business as Triumph in the Arena (“Triumph in the Arena” or “We”) to immediately charge the credit or debit card provided (“Credit Card”) the amount listed as the “Amount” in the “Order Summary” (the “Initial Payment”) and continue to charge the Credit Card as described below. You and Triumph in the Arena may be referred to herein individually as a “Party” and collectively as the “Parties”. The Parties agree that the following terms and conditions and the Waiver and Release of Liability describe the rights and obligations of both Parties and constitute a binding agreement:
1.1. This Agreement is effective immediately and shall run on a month to month basis until such time You cancel in accordance with this Agreement (“Term”).
2. Monthly Payments
2.1. You agree that Triumph in the Arena may charge Your Credit Card the amount listed (the “Monthly Payment”) on each monthly anniversary of this Agreement during the Term of this Agreement.
3.1. Either Party may terminate this Agreement by written notice at any time (“Termination”) and the termination will be effective on the day prior to the next billing date following the notification (the “Termination Date”).
4. Returned Payment
4.1. We reserve the right to charge a $29.00 return fee for returned checks, declined credit card transactions, and dishonored EFT transactions.
5.1. We agree to provide You the services included in your selected membership tier as set forth on the triumpinthearena.com website.
6. General Provisions
6.1. Entire Agreement, Amendments, Severability: This Agreement and the Waiver and Release of Liability sets forth the entire agreement between You and Triumph in the Arena relating to the subject matter hereof and supersedes all prior agreements and undertakings, written and oral. No amendment of, or waiver of any right under this Agreement shall be deemed effective unless contained in writing signed by You and an authorized representative of Triumph in the Arena. If any term or provision of this Agreement is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.
6.2. Assignment: The rights and obligations in this Agreement may not be transferred or assigned by You, but may be assigned by Triumph in the Arena without restriction.
6.3. Notice: All notices and other communications given or made pursuant to this Agreement shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified, (b) when sent, if sent by electronic mail or facsimile during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day, (c) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (d) one (1) business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Notices to You will be provided based on the then current contact information provided upon checkout. Notices for Triumph in the Arena shall be delivered to: firstname.lastname@example.org or 1263 Connecticut St. San Francisco, CA 94107.
6.4 Warranties: YOU ACKNOWLEDGE AND UNDERSTAND THAT THE RESULTS OF ANY NUTRITION BASED PERFORMANCE COACHING CANNOT BE GUARANTEED AND NO WARRANTIES HAVE BEEN MADE REGARDING THE RESULTS YOU WILL ACHIEVE FROM THE PURCHASE OF YOUR MEMBERSHIP. YOU ACKNOWLEDGE THAT NO EMPLOYEE OR REPRESENTATIVE OF TRIUMPH IN THE ARENA IS LICENSED TO PRACTICE MEDICINE OR TO UNDERTAKE THE DIAGNOSIS, PREVENTION, TREATMENT, OR CURE OF ANY DISEASE, PAIN, DEFORMITY, INJURY, OR PHYSICAL OR MENTAL CONDITION AND NO INFORMATION OR COACHING RECEIVED IS TO BE CONSTRUED AS MEDICAL ADVICE. TRIUMPH IN THE ARENA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6.5. Choice of Law: This Agreement shall be governed by the laws of California without reference to its conflict of law principles. The Parties to this Agreement hereby irrevocably submit to the exclusive jurisdiction of any California state or federal court located in San Francisco County, California. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT.
6.6. Arbitration: You agree to submit any and all disputes arising from this Agreement, including but not limited to disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration on an individual basis and such arbitration shall not be consolidated with any claim or controversy of any other party. Such binding arbitration shall be conducted under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said rules. Notwithstanding these rules, such proceeding shall be governed by the laws of California.