Terms and Conditions

Welcome to Valkyrie Fitness Nutrition!

These terms and conditions outline the rules and regulations for the use of Valkyrie Fitness and Nutrition LLC's Website, located at 38 Williams Ave. Woodbury NJ 08096

By accessing this website we assume you accept these terms and conditions. Do not continue to use Valkyrie Fitness & Nutrition if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Valkyrie Fitness &Nutrition, you agreed to use cookies in agreement with the Valkyrie Fitness &Nutrition LLC's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Valkyrie Fitness and Nutrition LLC and/or its licensors own the intellectual property rights for all material on Valkyrie Fitness &Nutrition. All intellectual property rights are reserved. You may access this from Valkyrie Fitness &Nutrition for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from Valkyrie Fitness &NutritionSell, rent or sub-license material from Valkyrie Fitness &

Nutrition. Reproduce, duplicate or copy material from Valkyrie Fitness & Nutrition. Redistribute content from Valkyrie Fitness &

Nutrition.

This Agreement shall begin on the date hereof.

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Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Valkyrie Fitness & Nutrition LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Valkyrie Fitness and Nutrition LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Valkyrie Fitness and Nutrition LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Valkyrie Fitness and Nutrition LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacyThe Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Valkyrie Fitness and Nutrition LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;Search engines;News organizations;Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; andSystem wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;dot.com community sites; associations or other groups representing charities; online directory distributors;i nternet portals; accounting, law and consulting firms; andeducational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Valkyrie Fitness and Nutrition LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Valkyrie Fitness and Nutrition LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; orBy use of the uniform resource locator being linked to; orBy use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Valkyrie Fitness and Nutrition LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury; limit or exclude our or your liability for fraud or fraudulent misrepresentation;limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Cancellation Policy:

Cancellation Policy: Once the payment is processed there is a strict no cancellation process. As you commit to your fitness journey, your finical situations are your responsibility, not mine. This goes for any Payments made with Affirm, PayPal, Klarna or any other 3 party payment plans. Month to Month (4 pay option) must be paid on time – Result of missed payment will be an additional $10 for everyday that the payment hasn’t processed. Deposit – If you provided a deposit upon starting your program your first payment is due 7 days after your start date. Failure to provide the payment will result in an additional $10 added to the monthly fee for each day missed. Client is not entitled to a refund, cancellation, or chargeback for any reason. This agreement is binding and the client agrees to pay all payments in full and cannot cancel under any circumstances. All payments made to Valkyrie Fitness and Nutrition pursuant to this Agreement are final and are not refundable for any reason. Client agrees not to request, advise, file a claim, or seek Client’s bank or credit card company for a chargeback for consideration paid under this Agreement. Client agrees to waive any rights Client may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Client’s credit card issuer’s procedures for resolving such disputes). Client agrees that any disputes that Client may have with respect to consideration paid hereunder must be addressed directly between Client and Valkyrie Fitness and Nutrition. If a chargeback occurs, Client shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. Client understands they can’t cancel payments or the program. Valkyrie Fitness and Nutrition shall have no further obligation to Client. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one- and one-half percent (1 ½%) per month until paid in full by Client. Further, Valkyrie Fitness & Nutrition shall be entitled to recover from Client all damages, and reasonable and necessary attorneys’ fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.

Changes to our Cancellation Policy:

We may modify this cancellation policy from time to time. Any changes will be effective immediately upon posting of the updated policy on our website. Your continued use of the fitness program after such changes will be deemed to be your acceptance of such changes. Please do not hesitate to contact us at [email protected] or 855-407-9222 if you have any questions regarding our cancellation policy.

Liability:

IN CONSIDERATION OF my desire to participate in "The Program" and being given the right to participate in same;

IN FULL CONSIDERATION of the risk of injury while participating in "The Program", and for the right to participate in "The Program", I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily participate in this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in "The Program", their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any kind of risks related to traveling to and from as well as participating "The Program", which may include, but are not limited to, physical or phycological injury, pain, suffering, illness disfigurement, temporary or permanent disability, economic or emotional loss, and death. I UNDERSTAND that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel to and from "The Program", or from conditions at "The Program" location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in "The Program".

I HEREBY RELEASE AND FOREVER DISCHARGE Valkyrie Fitness and Nutrition LLC and the owners (Megan Habina, Barbara Habina), located at 38 Williams Ave, Woodbury NJ 08096, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct results of MY PARTICIPATION in the aforementioned "The Program".

I UNDERSTAND that Valkyrie Fitness and Nutrition LLC is NOT a Registered Dietician and that if I have any SERIOUS Health issues or Chronic Diseases, I am required to consult with a doctor prior to participating in “THE PROGRAM”.  If I refuse to do so, I am SOLEY RESPONSIBLE for any injuries or health issues that may come from participating in "The Program". I UNDERSTAND that the nutrition guide given to me by Valkyrie Fitness and Nutrition LLC is not a prescribed meal plan and is created for guidance to help understand proper nutrition. I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs. I FURTHER ACKNOWLEDGE that "The Program" may involve a test of a person's physical and mental limits and may carry with the potential for death, serious injury, and property loss. I AGREE not to participate in "The Program" unless I am medically able and properly trained, and I agree to abide by the decision of Valkyrie Fitness and Nutrition LLC official or agent, regarding my approval to participate in "The Program". I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE VALKYRIE FITNESS AND NUTRITION LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION. I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST VALKYRIE FITNESS AND NUTRITION LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statue or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Valkyrie Fitness and Nutrition LLC, its agents, and employees. I agree that this Release shall be governed for all purposes by New Jersey law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.  In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN "THE ACTIVITY", DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.   I acknowledge that I have carefully read this form and fully understand that it is a release of liability. I expressly agree to release and discharge the trainer/ owners (Megan Habina and Barbara Habina) and Valkyrie Fitness and Nutrition LLC from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action for personal injury or property damage.    I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this program. I understand results are individual and may vary. I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress. I further represent and warrant no social relationship exists between Trainer and me, or if such a social relationship exists, for purposes of my training sessions, Trainer and I have assumed a strict business relationship, and I understand any social relationship does not render this waiver invalid. These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with Trainer. I understand that I have made a sound decision to invest in my fitness journey. And that all payments that are required of me will be paid in a timely manner. I also understand that there is a strict no cancellation few.