FIT WITH CAMBRIE LLC

TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ASSUMPTION OF RISK, A RELEASE AND WAIVER OF LIABILITY, A WAIVER OF UNKNOWN CLAIMS, A COVENANT NOT TO SUE, AN INDEMNIFICATION OBLIGATION, A LIMITATION OF LIABILITY, A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS AND REMEDIES. BY ACCESSING OUR WEBSITE OR REGISTERING FOR, PAYING FOR, OR PARTICIPATING IN ANY FWC RETREAT OR EVENT, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Agreement to These Terms

1.1 Parties. These Terms and Conditions (these "Terms") are a binding agreement between Fit With Cambrie LLC, a limited liability company organized under the laws of the State of Florida ("FWC," "we," "us," or "our"), and you, the individual accessing our website or registering for or participating in our retreats and events ("Participant," "you," or "your").

1.2 Scope. These Terms govern (a) your access to and use of the website located At fitwithcambrie.com and any related pages, booking portals, and online forms operated by FWC (collectively, the "Site"), and (b) your registration for and participation in any and all retreats, events, programs, services, and activities organized, hosted, coordinated, or offered by FWC, whether held in person or virtually, together with all related services, sessions, excursions, accommodations, and experiences offered or made available by FWC in connection therewith (each, an "Event").

1.3 Acceptance. You accept these Terms by any of the following: accessing or using the Site; checking a box or clicking a button indicating your acceptance; submitting a registration or booking request; making payment for an Event; or attending or participating in an Event. If you do not agree to these Terms, do not use the Site and do not register for or participate in any Event.

1.4 Event Details Incorporated. The specific name, dates, location, itinerary, inclusions, exclusions, and price of each Event are as set out on the applicable registration page and in the booking confirmation we send to you (together, the "Booking Details"). The Booking Details for your Event are incorporated into and form part of these Terms.

1.5 Supplemental Documents. FWC may require you to complete and sign additional documents as a condition of participation, including a separate participant agreement, waiver and release, health questionnaire, or medical disclosure form. Those documents supplement these Terms. If there is a direct conflict between a document you have signed for a specific Event and these Terms, the signed document controls with respect to that Event.

2. Changes to These Terms

We may update these Terms from time to time. The version of these Terms in effect at the time you complete your booking governs that booking and your participation in the associated Event, and will not be changed for that Event except by a written instrument signed by an authorized representative of FWC. Updated Terms apply prospectively to your continued use of the Site and to any subsequent booking. We will post the updated Terms on the Site with a revised "Last Updated" date, and your continued use of the Site after posting constitutes acceptance of the updated Terms as to Site use.

3. Use of the Site

3.1 Subject to these Terms, FWC grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial purposes.

3.2 You agree not to: use the Site for any unlawful purpose; interfere with or disrupt the Site or its security; use any robot, scraper, or automated means to access or collect data from the Site; attempt to gain unauthorized access to any portion of the Site; or reproduce, resell, or exploit any portion of the Site without our prior written permission.

3.3 You agree that all information you provide through the Site, including registration, health, and emergency contact information, is accurate, current, and complete, and you agree to update it promptly if it changes.

3.4 The Site is provided for general informational purposes. While we make reasonable efforts to keep the Site accurate, the Site may contain typographical errors, inaccuracies, or omissions relating to pricing, availability, itineraries, or descriptions. FWC reserves the right to correct any such error and to cancel or refuse any booking placed in reliance on incorrect information.

4. Intellectual Property

All content on the Site and all materials provided in connection with an Event, including text, graphics, logos, photographs, video, program materials, workout and nutrition guides, and the compilation and arrangement thereof, are owned by FWC or its licensors and are protected by copyright, trademark, and other intellectual property laws. "Fit With Cambrie" and associated logos are marks of FWC. You may not copy, reproduce, distribute, publicly display, create derivative works from, or commercially exploit any such content without our prior written consent. Materials provided to you in connection with an Event are for your personal, non-commercial use only.

5. Eligibility and Health

You confirm that you are 18 years of age or older, or, if you are under 18 years of age, that your parent or legal guardian has read, understood, agreed to, and accepted these Terms on your behalf as provided in Section 22. You (or, in the case of a minor, the minor) confirm that you are in good physical and mental condition to participate in the Event. You are solely responsible for determining your own ability to participate and for consulting a physician prior to participation if needed. You agree to bring any required medication and to disclose all relevant medical conditions, injuries, or allergies to FWC prior to participation. You understand that participation is voluntary and that you may decline to participate in any activity you deem unsafe or beyond your ability.

6. Registration and Booking

6.1 Your place at an Event is confirmed only when FWC has received payment in full (or the required deposit, where a payment plan is expressly offered) and has issued a booking confirmation to you.

6.2 Event capacity is limited. FWC reserves the right to decline or cancel any registration in its discretion, including where an applicant does not meet eligibility requirements or where FWC reasonably determines that participation would be unsafe. Where FWC cancels a registration before the Event for reasons other than your breach of these Terms or your conduct, FWC will refund amounts paid for that Event, which is your sole and exclusive remedy.

6.3 All prices are stated in U.S. dollars unless otherwise indicated. Event fees do not include flights or transportation unless expressly stated in writing.

7. Payment and Authorization

By completing payment, you authorize the charge and acknowledge that services begin upon booking, including reservation of limited capacity, planning, and coordination. Your spot is secured immediately upon payment. These Terms form part of the transaction authorization and apply to any payment method used. Where FWC expressly offers a payment plan, all remaining installments remain due and payable on the agreed schedule regardless of whether you attend the Event, and FWC may suspend or cancel your registration without refund if any installment is not paid when due.

8. No Refunds; Chargebacks; Transfers

8.1 No Refunds. All payments are strictly non-refundable. No refunds, reversals, or chargebacks will be granted for any reason, including illness, travel disruption, or dissatisfaction. Any transfer or credit granted under Sections 8.3 through 8.5 is an accommodation offered at FWC’s discretion, does not constitute a refund, and does not waive or limit this Section 8.1.

8.2 Chargebacks. You agree not to initiate chargebacks or payment disputes outside of these Terms. You acknowledge, certify, and agree that, upon completion of the Event, you will have received the full benefit of the services purchased under these Terms, and that FWC begins providing services (including reservation of limited capacity, planning, and coordination) immediately upon booking. Accordingly, you agree that you will not assert, and expressly waive any right to assert, that the services were not provided or not received as a basis for any chargeback, payment reversal, or payment dispute.

8.3 Transfer of Your Spot. If you are unable to attend, you may request a one-time transfer of your spot to an eligible replacement participant with FWC’s prior written approval. The replacement participant must accept these Terms and complete all required forms before the transfer takes effect.

8.4 Retreat Credit. As an alternative to transferring your spot under Section 8.3, and subject to FWC’s prior written approval, you may request that the amounts you have paid be applied as a credit (a "Retreat Credit") toward a future retreat or event offered by FWC. A Retreat Credit may be used by you or, at your written direction and subject to Section 8.5(g), by one other individual whom you designate, provided that the designated individual meets all eligibility requirements, completes all required forms, and accepts these Terms in their own name.

8.5 Retreat Credit Terms. Retreat Credits are subject to the following conditions:

(a) A request for a Retreat Credit must be submitted to FWC in writing no later than [30] days before the start of the Event for which payment was made. FWC is under no obligation to grant a request submitted after that date.

(b) A Retreat Credit is valid for eighteen (18) months from the date of your original payment for the Event in respect of which the credit was issued, and expires in full, without further notice, if it is not applied to a booked Event that begins within that period. This eighteen-month period runs from the date of original payment and is not extended, restarted, or renewed by the issuance or re-issuance of a Retreat Credit.

(c) A Retreat Credit is applied against the price of the future Event in effect at the time of the new booking. If the future Event costs more, you or your designee are responsible for the difference. If the future Event costs less, the unused balance is forfeited and is not refundable, redeemable, or carried forward.

(d) A Retreat Credit is subject to availability and does not reserve or guarantee a place at any future Event. A place is confirmed only in accordance with Section 6.

(e) Retreat Credits have no cash value; may not be redeemed, exchanged, or refunded for cash; may not be sold, auctioned, or otherwise transferred except to a single designee as expressly permitted in Section 8.4; and may not be combined with any other credit, discount, or promotional offer unless FWC agrees in writing.

(f) An amount paid may be rolled forward no more than twice. A Retreat Credit may be issued in respect of any amount paid on no more than two occasions, and in each case the Event to which the credit is applied must begin within the period specified in Section 8.5(b). Once a Retreat Credit has been applied for the second time, the amount is fully and finally subject to Section 8.1 and may not be transferred, credited, or refunded again. In respect of any given booking you may elect either a transfer under Section 8.3 or a Retreat Credit under Section 8.4, but not both.

(g) The right to designate another individual under Section 8.4 may be exercised only once. Once a Retreat Credit has been designated to another individual, that individual becomes the sole holder of the credit and the credit may not be redesignated, whether by that individual or by you.

(h) FWC may charge an administrative fee in connection with the second issuance of a Retreat Credit in respect of the same amount paid. The fee is payable before the credit is applied and is itself non-refundable.

(i) The granting of a Retreat Credit is at FWC’s sole discretion, is decided case by case, and does not create any obligation on FWC to grant a credit in any other instance.

9. Assumption of Risk (Known and Unknown Risks)

You understand and acknowledge that Event activities may include, without limitation, fitness and exercise activities, hiking, sauna or heat exposure, cold exposure and cold-water immersion, transportation, water activities, outdoor and recreational activities, and other wellness-related experiences, all of which carry inherent and other risks. These risks include, but are not limited to, personal injury, illness, emotional distress, disability, death, and property damage. You expressly acknowledge and agree that such risks include both risks that are known and anticipated as well as risks that are unknown, unanticipated, and not reasonably foreseeable at the time of participation.

KNOWING AND APPRECIATING THESE RISKS, AND IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU VOLUNTARILY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, WHETHER OR NOT CAUSED BY OR ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES (AS DEFINED BELOW), AND ACCEPT FULL AND SOLE RESPONSIBILITY FOR ANY INJURY, ILLNESS, DEATH, LOSS, OR DAMAGE ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE EVENT.

10. Release and Waiver of Liability

To the fullest extent permitted by Florida law, and in consideration of being permitted to participate in the Event, you, on behalf of yourself and your heirs, spouse, next of kin, executors, administrators, successors, assigns, and personal representatives, HEREBY FULLY AND FOREVER RELEASE, WAIVE, DISCHARGE, ACQUIT, AND COVENANT TO HOLD HARMLESS Fit With Cambrie LLC, Cambrie Schroder, and each of their respective members, managers, officers, directors, employees, agents, independent contractors, partners, vendors, sponsors, volunteers, representatives, insurers, and affiliates (collectively, the "Released Parties") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES (including reasonable attorneys’ fees) of every kind and nature, whether known or unknown, foreseen or unforeseen, that you now have or may hereafter have, arising out of or related to your registration for or participation in the Event, including, without limitation, any claim for personal injury, illness, death, property damage, or economic loss, AND WHETHER SUCH CLAIM ARISES OUT OF THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR OTHERWISE. You understand that this release does not extend to, and you do not release, any claim for liability that cannot be released or waived as a matter of law, including any claim arising from the gross negligence, recklessness, willful misconduct, or fraud of a Released Party.

11. Waiver of Unknown Claims

You expressly acknowledge and agree that the foregoing release is intended to and does apply to all claims of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, that you now have or may hereafter have against the Released Parties arising out of or related to the Event or these Terms. In consideration of being permitted to participate in the Event, and to the fullest extent permitted by Florida law, you expressly waive and relinquish any right or benefit that you have or may have under any statute, rule, or principle of common law of any jurisdiction that would otherwise limit the effect of this release to those claims known or suspected to exist in your favor at the time of acceptance.

Without limiting the foregoing, you knowingly and voluntarily waive the protection of any statute, rule, or common law principle of any jurisdiction providing that a general release does not extend to claims that the releasing party does not know or suspect to exist in its favor at the time of executing the release and that, if known, would have materially affected its settlement with the released party. You intend that this release fully and finally extinguishes all released claims, including those you do not know or suspect to exist in your favor at the time of accepting these Terms.

12. Covenant Not to Sue

Subject to the dispute-resolution procedures in Section 25, you agree that you will not make, assert, commence, prosecute, or maintain any claim, demand, lawsuit, arbitration, action, or proceeding of any kind against any of the Released Parties in connection with the Event, these Terms, or any retreat, event, program, service, or activity provided by FWC, whether based in contract, tort, statute, or otherwise, and whether arising out of the negligence of any Released Party or otherwise, in respect of any matter released or waived under these Terms. If you breach this covenant not to sue, you agree to indemnify and hold harmless the Released Parties from and against all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) incurred by them in defending against such claim or proceeding.

13. Indemnification

To the fullest extent permitted by Florida law, you agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation costs) arising out of or related to (a) your participation in the Event; (b) your acts or omissions during the Event; (c) any injury, loss, or damage caused by you to any third party or to the property of any third party; (d) your use of the Site; and (e) your breach of these Terms. THIS INDEMNIFICATION APPLIES EVEN WHERE THE CLAIM ARISES OUT OF OR RESULTS FROM THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES, BUT DOES NOT APPLY TO THE EXTENT A CLAIM ARISES OUT OF THE GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR FRAUD OF A RELEASED PARTY. This indemnification obligation shall survive the completion of the Event and the termination of these Terms.

14. Limitation of Liability

To the fullest extent permitted by Florida law, and notwithstanding anything to the contrary in these Terms, in no event shall any of the Released Parties be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, data, goodwill, or enjoyment, arising out of or related to the Site, the Event, these Terms, or any retreat, event, program, service, or activity provided by FWC, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not the Released Parties have been advised of the possibility of such damages. In no event shall the aggregate liability of the Released Parties for any and all claims arising out of or related to the Event or these Terms exceed the total amount of fees actually paid by you to FWC for the Event giving rise to the claim. The foregoing limitations shall not apply to liability that cannot be limited or excluded as a matter of law, including liability arising from a Released Party’s gross negligence, recklessness, willful misconduct, or fraud. You acknowledge that the fees charged by FWC reflect the allocation of risk set forth in these Terms and that these limitations are an essential basis of the bargain between you and FWC.

15. Third-Party Providers, Travel, and Insurance

FWC may engage or arrange third-party providers, including, without limitation, accommodations, transportation, guides, instructors, and wellness services. You acknowledge and agree that FWC is not responsible or liable for the acts, errors, omissions, or negligence of any such third parties. You assume all risks associated with travel to, from, and during the Event. You are required to obtain and maintain, at your own expense, travel and medical insurance providing coverage adequate for your participation in the Event, including coverage for medical treatment, emergency medical evacuation, and trip cancellation or interruption, and you are responsible for obtaining any travel documentation and vaccinations required for your participation. FWC does not provide, and shall not be responsible for, any insurance covering your person, property, or losses, and any medical, evacuation, or trip-disruption costs incurred by or on your behalf shall be your sole responsibility.

16. Conduct and Substance Policy

You agree to follow all safety instructions and to act respectfully toward FWC personnel and other participants at all times. Alcohol and illegal substances are not permitted at the Event. FWC reserves the right to remove any participant whose conduct is disruptive, unsafe, or endangers others. In the event of such removal, no refunds or credits will be issued, and you are responsible for all costs of your departure and return travel.

17. Force Majeure

FWC is not responsible for delays, cancellations, or modifications resulting from events outside its reasonable control, including, without limitation, weather, natural disasters, government actions, transportation disruptions, labor disputes, or public health events. Any adjustments, credits, or rescheduling are at the sole discretion of FWC.

18. Program Changes

FWC reserves the right to make reasonable changes to programming, instructors, schedule, itinerary, or location as it deems necessary or appropriate. Such changes do not entitle you to a refund.

19. Media and Image Release

You grant FWC a perpetual, worldwide, royalty-free, irrevocable right and license to capture, use, reproduce, edit, publish, and distribute your image, likeness, voice, and participation in any media, now known or hereafter developed, for commercial, promotional, and advertising purposes, without further approval or compensation. You waive any right to inspect or approve such materials. If you wish to opt out of the use of your image for promotional purposes, you must notify FWC in writing at the address in Section 26 prior to the start of the Event; FWC will use reasonable efforts to accommodate the request but cannot guarantee exclusion from incidental group footage.

20. Personal Property

You are solely responsible for your personal belongings. FWC is not liable for any loss, theft, or damage to your personal property.

21. Medical Disclaimer and Emergency Care

You acknowledge that all wellness, fitness, and nutrition guidance provided in connection with the Event or through the Site is for general informational purposes only, does not constitute medical advice, and that results are not guaranteed. Nothing provided by FWC is intended to diagnose, treat, cure, or prevent any condition, and you should consult a qualified healthcare provider before beginning any fitness or nutrition program. In the event of an emergency, you authorize FWC and its personnel to arrange or administer basic first aid and medical care at your expense, and you consent to FWC contacting the emergency contact you designate at registration. You agree to provide an emergency contact name and telephone number as part of your registration.

22. Minor Participants; Parental and Guardian Consent, Waiver, and Indemnity

If Participant is under 18 years of age, these Terms must be read, agreed to, and accepted by the Participant’s parent or legal guardian (the "Guardian"), and all references to "Participant," "you," and "your" shall be deemed to include the minor and the Guardian, jointly and severally. FWC may additionally require the Guardian to sign a separate written waiver as a condition of the minor’s participation. The Guardian represents and warrants that he or she has full legal authority to enter into these Terms on behalf of the minor. Subject to the limitations set forth in the immediately following paragraph and to the fullest extent permitted by Florida law, on behalf of the minor, and on the Guardian’s own behalf, and on behalf of their respective heirs, next of kin, executors, administrators, successors, and assigns, the Guardian: (a) consents to the minor’s participation in the Event; (b) assumes all risks described in these Terms, both known and unknown, associated with the minor’s participation; (c) agrees to the release and waiver of liability, the waiver of unknown claims, and the covenant not to sue set forth in these Terms; and (d) agrees to indemnify, defend, and hold harmless the Released Parties as set forth in Section 13, including with respect to any claim brought by, or on behalf of, the minor.

The Guardian acknowledges and agrees that, under Florida law, this waiver and release on behalf of a minor extends only to the inherent risks of the Event and does not release the Released Parties from liability for their own negligence with respect to the minor. The following statutory notice is provided in accordance with Section 744.301(3), Florida Statutes:

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN. READ THIS AGREEMENT COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF FIT WITH CAMBRIE LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM FIT WITH CAMBRIE LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS AGREEMENT, AND FIT WITH CAMBRIE LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS AGREEMENT.

23. Data Protection and Privacy

You acknowledge that, in connection with the Site and the Event, FWC may collect personal information about you, including health information, medical conditions, allergies, and emergency contact details. You consent to FWC’s collection, use, storage, and disclosure of such information as reasonably necessary to administer the Event, coordinate your participation and safety, respond to medical emergencies, and comply with applicable law. FWC shall use commercially reasonable measures to protect such information. You represent that any information you provide about a third party, including your emergency contact, is provided with that person’s authorization. Our collection and use of personal information is further described in our Privacy Policy at fitwithcambrie.com, which is incorporated into these Terms by reference.

24. Third-Party Beneficiaries

Each of the Released Parties that is not a party to these Terms, including FWC’s members, managers, officers, directors, employees, agents, independent contractors, partners, vendors, sponsors, volunteers, representatives, insurers, and affiliates, is an intended third-party beneficiary of these Terms and is entitled to enforce the release and waiver of liability, the waiver of unknown claims, the covenant not to sue, the indemnification, the limitation of liability, and the dispute-resolution provisions of these Terms to the same extent as FWC. Except as expressly provided in this Section, these Terms do not confer any rights on any other person.

25. Governing Law and Dispute Resolution

25.1 These Terms shall be governed by, and construed in accordance with, the laws of the State of Florida, without regard to its conflict of laws rules that would result in the application of the law of any other jurisdiction.

25.2 Informal Resolution and Mediation. If any controversy, claim, or dispute arises out of or in connection with these Terms, the Site, or the Event, including any tortious or non-contractual dispute and any dispute regarding the formation, validity, breach, or termination of these Terms (a "Dispute"), the parties shall first seek to resolve it amicably through good-faith negotiations and, failing resolution, through mediation before a reputable mediation center. If the Dispute is not resolved within thirty (30) days after either party first delivers written notice requesting mediation (whether or not a mediation has been scheduled or commenced), either party may submit the Dispute to binding arbitration in accordance with Section 25.3. This Section 25.2 does not prevent a party from seeking interim relief under Section 25.3(g) at any time.

25.3 Jurisdiction; Arbitration.

(a) Subject to Section 25.2, any Dispute shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "Rules"), before a single arbitrator; provided that, if the AAA determines its Consumer Arbitration Rules do not apply to a particular Dispute, the AAA Commercial Arbitration Rules shall apply. The parties shall seek to agree on the arbitrator; if they do not agree within thirty (30) days after the arbitration is commenced, the arbitrator shall be appointed in accordance with the Rules.

(b) The seat and place of arbitration shall be Miami-Dade County, Florida, United States of America, and the arbitration shall be conducted in the English language. At the Participant’s election, and to the extent the Rules so provide, hearings for a Dispute may be conducted by telephone or videoconference or based on written submissions.

(c) The arbitrator shall apply the substantive law of the State of Florida. The award shall be in writing and shall state the reasons on which it is based, shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.

(d) The parties shall be entitled to discovery as provided by the Rules and to such additional discovery as the arbitrator determines is reasonably necessary for the fair and efficient resolution of the Dispute.

(e) This agreement to arbitrate is governed by the Federal Arbitration Act and evidences a transaction involving interstate and international commerce. To the extent state law applies to the validity, construction, or enforceability of this agreement to arbitrate, the laws of the State of Florida shall govern.

(f) The fees and costs of the arbitration shall be determined and allocated in accordance with the Rules, including the AAA Consumer Arbitration Rules and the AAA’s consumer fee schedule then in effect, under which the Participant’s share of the filing and case-management fees is capped and FWC bears the remaining AAA administrative fees and the arbitrator’s compensation. Each party shall otherwise bear its own costs and expenses of the arbitration, provided that the arbitrator may reallocate fees, costs, and Legal Expenses (as defined in Section 25.5) to the non-prevailing party as part of the award to the extent permitted by the Rules and Section 25.5.

(g) Notwithstanding any other provision of these Terms, either party may apply to the state or federal courts located in Miami-Dade County, Florida for temporary, preliminary, or other interim injunctive or equitable relief in aid of arbitration or to preserve the status quo pending appointment of the arbitrator and resolution of the Dispute, and each party submits to the personal jurisdiction of such courts for that limited purpose. Seeking such relief shall not constitute a waiver of the right or obligation to arbitrate.

(h) All Disputes shall be resolved on an individual basis only. Neither party may bring or participate in any class, collective, consolidated, mass, or representative proceeding, whether in arbitration or in court, and the arbitrator shall have no authority to arbitrate any Dispute on a class or representative basis or to consolidate the claims of multiple parties. If this Section 25.3(h) is held unenforceable as to any Dispute, that Dispute shall be severed and resolved exclusively in the courts located in Miami-Dade County, Florida, and the remainder of this Section 25.3 shall continue to apply to all other Disputes.

25.4 EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS TO TRIAL BY JURY IN CONNECTION WITH ANY LITIGATION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE EVENT.

25.5 Legal Expenses. In addition to any other remedy or relief to which the prevailing party may be entitled as a result of any arbitration or court proceeding, and to the extent permitted by the Rules and applicable law, the non-prevailing party shall reimburse the prevailing party for all reasonable fees, costs, and expenses (including, without limitation, all reasonable attorneys’ fees and expenses and the fees and costs of the arbitrator and the AAA) ("Legal Expenses") incurred by the prevailing party in connection with such arbitration or proceeding, as well as all Legal Expenses incurred by the prevailing party on any appeal and any post-award or post-judgment proceedings to confirm, collect, or enforce the award or judgment. Notwithstanding the foregoing, if each party prevails in part and loses in part, the arbitrator (or court, as applicable) shall award reimbursement of Legal Expenses as may be necessary so that the aggregate Legal Expenses incurred by the parties are borne by the parties in proportion to the monetary apportionment of the amounts in Dispute as set forth in the award or judgment, or, if such allocation of Legal Expenses is impracticable, on such other equitable basis that reflects the merits of the claims and defenses raised by each party. This provision is intended to be severable from the other provisions of these Terms and to survive any award or judgment.

26. Notices

Any notice or other communication required or permitted under these Terms, including any notice relating to a claim or Dispute, shall be in writing and shall be effective when delivered as follows:

(a) If to FWC, at:15701 Collins Ave Sunny Isles Beach Florida 33160; Attention: Cambrie Schroder; Email: cambrie@fitwithcambrie.com

(b) If to Participant, at the mailing address, telephone number, and email address provided by Participant at the time of registration for the Event, or at such other address as Participant may specify in writing to FWC.

You consent to receive communications from FWC electronically, and you agree that electronic communications satisfy any legal requirement that such communications be in writing.

27. General

27.1 Severability. If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, severed from these Terms, and the remaining provisions shall continue in full force and effect. The parties intend that the release, waiver, and indemnification provisions be given the broadest scope permitted by Florida law.

27.2 Entire Agreement. These Terms, together with the Booking Details and any supplemental documents you sign under Section 1.5, constitute the entire agreement between you and FWC with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and communications, whether written or oral. You acknowledge that you have not relied on any statement, promise, or representation not expressly set forth in these Terms.

27.3 No Waiver. No failure or delay by FWC in exercising any right under these Terms operates as a waiver of that right, and no waiver of any provision shall be deemed a further or continuing waiver of that or any other provision.

27.4 Assignment. You may not assign or transfer these Terms or any rights under them, except as expressly permitted under Sections 8.3 and 8.4. FWC may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

27.5 Survival. Sections 4 and 9 through 27 survive the completion of the Event and any termination or expiration of these Terms.

27.6 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

28. Acknowledgment

By accepting these Terms, you acknowledge and agree that you have carefully read them in their entirety, that you fully understand their terms, including that they contain a release of liability, an assumption of risk, a waiver of unknown claims, a covenant not to sue, a binding arbitration provision, a class action waiver, and a jury trial waiver, that you have had the opportunity to seek independent legal advice, and that you are accepting these Terms freely, voluntarily, and without any inducement, and intend them to be a complete and unconditional release and waiver to the fullest extent permitted by Florida law. If you are accepting on behalf of a minor as a parent or legal guardian, you further acknowledge that you have the legal authority to do so and agree to be bound by Section 22.