Program Access Subscription Agreement

PROGRAM ACCESS SUBSCRIPTION AGREEMENT Stephan Cook Fitness LLC This agreement is drafted to follow Utah law, including the Utah Fitness Center Services Protection Act (Utah Code § 13-23-101 et seq.) and the Utah Uniform Electronic Transactions Act (Utah Code § 46-4-101 et seq.). If you have questions about your rights under this agreement, you are encouraged to consult an attorney of your own choosing before signing. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE AGREEING. IT IS A BINDING MONTH-TO-MONTH SUBSCRIPTION CONTRACT THAT ENDS AT THE END OF YOUR CURRENT BILLING PERIOD WHEN YOU CANCEL. BY CHECKING THE ACCEPTANCE BOX AND TYPING YOUR FULL LEGAL NAME BELOW, YOU ARE SIGNING THIS AGREEMENT ELECTRONICALLY AND AGREEING TO BE LEGALLY BOUND BY IT. 1. PARTIES AND SERVICE. This Program Access Subscription Agreement ("Agreement") is entered into between you ("Client," "I," or "me") and Stephan Cook Fitness LLC, together with its owner Stephan Cook, a NASM-Certified Personal Trainer, and its employees, contractors, agents, successors, and assigns (collectively, the "Company"). This Agreement governs my purchase of the Company's "Program Access" Service: access to written, pre-designed training programs (including monthly-rotating programs) that are NOT personalized to me, NOT supervised, and NOT adjusted based on my individual circumstances, and which I follow entirely on my own. This Agreement sets out the commercial terms of that Service — subscription, fees, and cancellation. It does not replace, and must be signed together with, the Company's separate Liability Waiver, Assumption of Risk, and Release Agreement, which governs assumption of risk and release of liability. 2. MONTH-TO-MONTH SUBSCRIPTION. Program Access is sold as a month-to-month subscription. There is no committed term: my subscription begins on the date I sign this Agreement (or the start date stated in the signature block, if later) and continues month to month until cancelled under Section 6 or terminated under Section 7. 3. FEES AND PAYMENT. I agree to pay the monthly subscription fee stated in the signature block below, billed monthly in advance on or about the same day of each month, using the payment method I provide. I am responsible for keeping a valid payment method on file. If a payment fails, the Company may retry the charge and may suspend my access to the programs until payment is brought current. 4. LICENSE AND USE OF PROGRAM CONTENT. The Company grants me a personal, non-exclusive, non-transferable license to access and use the training programs made available through my subscription, for my own individual, non-commercial use only, for as long as my subscription remains active. All programs and related content are and remain the property of the Company. I agree not to copy, share, resell, redistribute, or publish program content, and not to share my account access with any other person. 5. UNSUPERVISED, NON-INDIVIDUALIZED PROGRAMMING; NO GUARANTEE OF RESULTS. I understand that Program Access provides general, non-individualized written programming only: no one at the Company supervises, observes, personalizes, or adjusts my training, and the Company has no knowledge of my individual health status, abilities, environment, or equipment. I am solely responsible for deciding whether a program is appropriate for me, for how I perform it, and for stopping if I experience pain, discomfort, or warning signs of any kind. Individual results vary widely, and the Company makes NO GUARANTEE, PROMISE, OR WARRANTY of any particular result. All program content is provided for general fitness and educational purposes only and is not medical advice or a substitute for care from a licensed healthcare provider. My obligations, representations, and assumption of risk under the separate Liability Waiver, Assumption of Risk, and Release Agreement apply to everything I do under this Agreement. 6. CANCELLATION — EFFECTIVE AT THE END OF THE CURRENT BILLING PERIOD; NO EARLY-TERMINATION PENALTY. I may cancel my subscription at any time by giving the Company written notice (email is sufficient) or by using any cancellation mechanism the Company provides in my account. Cancellation takes effect at the end of my current paid billing period — the monthly period I have already paid for as of the date the Company receives my cancellation. My access continues through the end of that period, and no further payments fall due after it. THERE IS NO EARLY-TERMINATION PENALTY, CANCELLATION FEE, OR PAYOUT OBLIGATION OF ANY KIND for cancelling this subscription; the only amounts I owe are the subscription fees that fall due before cancellation takes effect. 7. TERMINATION BY THE COMPANY. The Company may terminate this Agreement: (a) immediately for my material breach of this Agreement — including violation of the license terms in Section 4 or repeated failure to pay — or of the Liability Waiver, Assumption of Risk, and Release Agreement; or (b) for any reason on thirty (30) days' written notice. If the Company terminates other than for my breach, the Company will refund any fees I have prepaid for periods after the effective date of termination. 8. CHANGES TO PROGRAMS AND PRICING. The Company may add, rotate, update, or retire individual programs as part of the ordinary operation of the Service. The Company may change the monthly subscription fee only on advance written notice to me, effective no earlier than my next monthly billing cycle after the notice; if I do not accept a fee change, I may cancel under Section 6 before the new fee takes effect. 9. GOVERNING LAW. This Agreement is governed by the laws of the State of Utah, without regard to its conflict-of-laws rules, and any dispute that is litigated shall, to the extent permitted by law, be brought in the state or federal courts located in Utah. Because Program Access is sold nationwide, nothing in this Agreement excludes or limits any consumer right or protection that the law applicable to me does not permit to be excluded or limited. 10. SEVERABILITY AND SAVINGS CLAUSE. If any provision of this Agreement, or its application to any person or circumstance, is held invalid, illegal, or unenforceable in any jurisdiction, that provision shall be enforced to the greatest extent permitted by the law of that jurisdiction — and, if it cannot be enforced at all, it shall be deemed severed — without invalidating the remainder of this Agreement, which shall continue in full force and effect. 11. ELECTRONIC TRANSACTION AND ELECTRONIC SIGNATURE. I agree to conduct this transaction electronically, and I consent to the use of electronic records and electronic signatures in connection with this Agreement, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state electronic-transactions law (including the Uniform Electronic Transactions Act as adopted in my state). I understand and agree that: (a) checking the acceptance box and typing my full legal name in the signature field below together constitute my electronic signature; (b) I intend my electronic signature to be legally binding and to have the same force and effect as a handwritten signature on paper; (c) my ability to read this Agreement on this device and to complete the acceptance fields reasonably demonstrates that I can access records in the electronic form used for this transaction; (d) I may request a paper copy of this Agreement, and download or print a copy at any time, and the Company will retain an electronic record of my signed Agreement, including the date and time of signature, and will make a copy available to me on request; (e) I may withdraw my consent to conduct future transactions electronically by written notice to the Company, which will not affect the validity of this Agreement or any signature already given; and (f) maintaining a current email address with the Company is my responsibility, and standard hardware, an internet connection, and software capable of displaying this web page are required to access and retain this record. 12. ENTIRE AGREEMENT; ACKNOWLEDGMENT. This Agreement, together with Exhibit A and the Liability Waiver, Assumption of Risk, and Release Agreement, is the entire agreement between me and the Company regarding my Program Access subscription, and it supersedes any prior oral or written statements on those subjects. It may be amended only in a writing signed (physically or electronically) by both parties, except for program and pricing changes made as described in Section 8. I confirm that I have read this entire Agreement, that I understand the cancellation timing in Section 6, that I have had the opportunity to ask questions and to seek independent legal advice before signing, and that I am signing freely and voluntarily. EXHIBIT A — PRICING SCHEDULE Monthly subscription fee: $19.99 per month, for 5x-per-week training. This rate is the Company's published rate as of the date this Agreement was drafted and is incorporated into this Agreement by reference, subject to change only as described in Section 8.