JUMP&JACKED INC.

MEMBERSHIP AGREEMENT

Last updated: February 19th, 2025.

You (the “Member”) understand that by accessing, clicking, joining, or otherwise enrolling, electronically, verbally, or otherwise, to the Jump&Jacked Membership (the “Membership”) offered on www.jumpnjacked.com (the “Membership Portal”), that you agree to be provided with pre-recorded rebounding classes, strength workouts, programs and/or services provided by Jump&Jacked Inc., an incorporated company in the Province of Ontario (the “Fitness Instructor”), and hereby understand that you are entering into a legally binding Agreement with the Fitness Instructor and are subject to the following terms and conditions.

  1. PURPOSE

1.1 The purpose of this Agreement is to inform the Member of the membership services. The Fitness Instructor encourages the Member to read this Agreement carefully before accessing the Membership and/or using any of the services associated with the Membership selected at the checkout page.

1.2 For access to use the Membership, the Member must be eighteen [18] years of age or older and have the requisite mental capacity to agree to these Terms & Conditions.

1.3 As part of the Membership, the Member will have access to various resources provided by the Fitness Instructor including access to the pre-recorded rebounding classes, community group, and members board, work out-to-win program, and other various resources offered.

  1. MEMBERSHIPS

2.1 Trial Period: A free trial period will be granted to new members of the Membership for the first seven [7] days (the “Trial Period”). Upon completion of the Trial Period, the Membership shall automatically terminate unless the Member elects to enroll in a paid Membership plan as outlined in the terms herein.

2.1 Monthly Membership: The term of this Membership shall commence upon the date of first access to the Membership and will remain in full force and effect on a monthly basis (the “Monthly Term”), after which, the term will automatically renew for another Monthly Term (the “Renewal Term”), unless earlier terminated in accordance with Section 7: Cancellation.

2.2 Annual Membership: The term of this Membership shall commence upon the date of first access to the Membership and will remain in full force and effect for a term of twelve [12] months (the “Annual Term”), after which, the term will automatically renew for another Annual Term (the “Renewal Term”), unless earlier terminated in accordance with Section 7: Cancellation.

  1. MEMBER RESPONSIBILITIES AND RESTRICTIONS

3.1 The Member agrees to fully comply with the responsibilities outlined herein: (a) Members must conduct themselves in a respectful manner at all times and are encouraged to contribute to a supportive environment within the Membership, inclusive of collaboration, cooperation, and mutual respect amongst all participants; (b) Members must commit to inclusivity and non-discrimination within the Membership portal; and (c) Members acknowledge that rebounding and trampoline workouts involve physical exertion and that they remain in good fitness and health when enrolling in the Membership.

  1. TERMS OF PAYMENT

4.1 The appropriate payment amount owing for the Membership is reflected upon checkout (the “Membership Fee”). The Member may elect at checkout to pay the Membership Fee for the Monthly Term or Annual Term with all payments to be made in the reflected currency (the “Membership Term”). The Member will be liable for all payments of the elected term regardless of the Member’s continued participation in the Membership.

4.2 The Fitness Instructor accepts payment via credit card, and the Member authorizes upon first transaction for the Fitness Instructor to charge their credit card account provided in accordance with the Membership Term selected. All future payments will be processed on the Renewal Term. The Member agrees to provide complete, current, and accurate payment information and to update the Fitness Instructor should any payment information change prior to the payment due date.

4.3 Upon a failed or missed payment, the credit card on file shall be automatically charged up to four [4] times within a period of seven [7] days in an attempt to recover the outstanding fees. If payment remains outstanding, the Membership shall be subject to automatic cancellation without further notice.

4.4 In the event of any duplicate Membership Fee charges incurred by the Member, the Member should contact the Fitness Instructor for further discussion at: sydney@jumpnjacked.com.

4.5 The Fitness Instructor reserves the right to increase the prices of the Membership at any time with thirty days [30] written notice, made either via bulletin in the Membership Portal, or directly to the Member via email notification.

4.6 The Member agrees that the charges on their credit card in compliance with the terms herein are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Member understands that doing so would be a material breach of this Agreement in which the Fitness Instructor would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged.

4.7 The Member understands by accepting the payment terms herein, that they are voluntarily electing to participate in the Membership, and financially willing and able to invest in the Membership by choice as effected by their enrollment in the Membership.

  1. MONEY BACK GUARANTEE

5.1 The Fitness Instructor offers a money-back guarantee to first time Members. If the Member is not satisfied with the Membership for any reason, they may request a refund within thirty [30] days of their initial payment. This guarantee does not cover renewals or subsequent purchases.

  1. ACCOUNT CREATION AND DATA COLLECTION

6.1 The Fitness Instructor invites the Member to create an account with a username and password on the Fitness Instructor’s Membership Portal. The Member is responsible for maintaining the confidentiality and security of their account and password, and for all activities that occur within their account. The Member shall notify the Fitness Instructor immediately of any unauthorized use of their account or password, or any other breach of security. As part of the account creation, the Member agrees to provide the Fitness Instructor with accurate, complete, and current information upon registration and will update their information as necessary. The Member must not use another member’s account with or without their permission, and must not share their account with another individual.

6.2 As part of the account creation, the Member understands and agrees that the Fitness Instructor may collect, use, and disclose aggregated, identifiable, anonymized, or de-identified data and statistics derived from the Member’s access to and use of the Membership. This information may include but is not limited to the Member’s name and contact information, number of users, profession and age of users, the frequency and duration of use, the types of activities and interactions, location of users, preferences and feedback, and other metrics and/ or trends. The Fitness Instructor may use this data for their own purposes such as improvements and enhancements to the Membership and related services, conducting internal research and analysis, generating reports and insights, recruitment engagement, and external marketing efforts. The Fitness Instructor may share this data without identifying you, with their partners, sponsors, advertisers, and affiliates. The collection, use, and storage of such data shall be in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Fitness Instructor’s privacy policy.

  1. CANCELLATION

7.1 The Member may provide notice for cancellation at any time whereby the Membership will terminate at the expiration of the elected Term. To prevent automatic renewal for another term, the Member must login to their Membership Portal and cancel their Membership in the billing and payments section of their account.

7.2 The Member understands that the Fitness Instructor retains the right to and may limit, suspend, or terminate the Member’s access to the Membership without refund if the Member: (i) becomes disrespectful or disruptive within the group forums; (ii) is found to make discriminatory remarks, or harass the Fitness Instructor and/or other members of the Membership; (iii) participates in copyright infringement of any intellectual property produced and/or developed by the Fitness Instructor; (iv) is found negatively speaking about the products and/or services offered by the Fitness Instructor in public forums without prior consultation with the Fitness Instructor; and/or (v) breaches any other terms outlined in this Agreement.

  1. MEDIA RELEASE AND TESTIMONIALS

8.1 The Member hereby grants full permission to the Fitness Instructor to use, share, distribute or publish photographs, motion pictures, videotapes, recordings or any other post/statement made in the community group and/or the members board for purposes of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”). The Member hereby releases the Fitness Instructor from all claims in which the Member may have now or in the future for compensation of any kind arising out of the Member’s participation in said Media and acknowledges all such Media to be the exclusive property of the Fitness Instructor.

8.2 The Member further grants permission to the Fitness Instructor to use their feedback and testimony, whether in the form of emails, submissions, surveys, comments, discussions, calls, or otherwise, for the purpose of marketing or promoting the Fitness Instructor or the Membership.

  1. INTELLECTUAL PROPERTY OWNERSHIP

9.1 The Fitness Instructor retains all ownership rights to the materials provided during the Member’s participation under this Agreement. Any designs pre-recorded workouts, classes, programs, trade names, logos found on the Membership Portal will remain the sole intellectual property of the Fitness Instructor and may not be used in any other form without prior written consent. The Member is provided with a non-exclusive, non-transferable single-user license authorizing the Member to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Fitness Instructor to the Member. The Member agrees not to reproduce, duplicate, copy, trade, resell, or exploit for any commercial or personal purposes, any portion of the material, without the Fitness Instructor express written consent. If such behaviour is discovered or suspected, the Fitness Instructor reserves the right to immediately end your participation in the Membership without refund, as well as access to any program or materials you may have purchased. The Member acknowledges that the Fitness Instructor retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.  

  1. LINKS TO THIRD-PARTY WEBSITES

10.1 The Membership Portal and various channels may contain links to third-party websites and/ or resources, which are not maintained or related to the Fitness Instructor. All such linked websites, materials and pages are not under the control of the Fitness Instructor and the Fitness Instructor is not responsible for the content contained in any linked website nor for any losses or damages the Member may incur as a result of the use of any such website. The Member acknowledges and agrees that the Fitness Instructor is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The Member understands that the Fitness Instructor accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purpose of the links provided is to improve the Member’s use of the Membership, to enable the Member to connect with the Fitness Instructor on various platforms, and to help the Fitness Instructor offer the Membership.

  1. PRIVACY AND CONFIDENTIALITY

11.1 The Member agrees to give the Fitness Instructor permission to keep a confidential record of the Member’s name, contact information, payment information, or personal details shared on the community group and public forums. The Fitness Instructor has implemented commercially reasonable technical and organizational measures designed to secure Member content and associated data from accidental loss and from unauthorized access, use alteration, or disclosure. The Fitness Instructor cannot guarantee that unauthorized third parties will not be able to defeat those measures and/ or use the Member’s content or associated data for improper purposes. The Member acknowledges that all Member content and associated data is provided to the Fitness Instructor at their own risk.

13.2 Due to the nature of the Membership, the Member understands that the Fitness Instructor is not able to guarantee the privacy and confidentiality of the information posted and/ or shared by the Member within the Membership forum(s) or through the Membership Portal. The Fitness Instructor encourages the Member to be cautious of the information they are sharing in the public forums offered as part of the Membership, and the potential personal nature of their posts. The Fitness Instructor will not be responsible for any damages or injury incurred by the Member as a result of their posting.

  1. DISCLAIMER

12.1 The Membership presents unique physical demands, and the safety and effectiveness of the workouts, classes and programs depend on various factors, including but not limited to the quality and condition of the rebounder, the Member’s physical health, age, weight, and surrounding environment. The Fitness Instructor is not responsible for any injuries or discomfort, including but not limited to knee pain, joint discomfort, or pelvic floor pain, that may result from using a substandard trampoline. Members are responsible for ensuring that they use a high-quality rebounder suitable for their individual needs, age, and weight capacity.

12.2 The Fitness Instructor makes no representations, warranties, guarantees or promises verbally or in writing pertaining to the achievement of any level of results from the Member’s participation in, or use of the Membership, including, but not be limited to, weight loss, muscle gain, cardiovascular improvement, or any other improvements in physical fitness and physique. The Member understands and agrees that they are voluntarily electing to become a member of the Membership and are solely responsible for any personal outcomes or results.

12.3 Any meal plans, tools, exercises, fitness regimens, or nutritional resources provided on the Membership Portal are subject to the Fitness Instructor’s personal study, education and experience. Any and all information contained on the Membership Portal are for the exclusive purpose of education and information only and it is not intended to be, nor shall it be understood or construed as, professional advice in any capacity. The Member understands that the Fitness Instructor does not offer any professional medical or nutritional advice and that it is the Member's exclusive responsibility to seek such independent professional guidance as needed. Should a Member be pregnant or suffer from any medical conditions or illness, advice from a professional healthcare provider is encouraged.

  1. LIMITATION OF LIABILITY

13.1 Limitation of Liability: The Member’s decision to enroll in the Membership, use the information contained therein the Fitness Instructor offers is purely voluntary, and the Member understands the Fitness Instructor is not responsible nor liable for any harm or damage to the Member resulting from direct or indirect use of materials or content contained or the affiliated companies on this Website. The Member agrees to hold the Fitness Instructor harmless from any damages directly or indirectly resulting from the use of the content, products or services sold or visible on the Fitness Instructor Website and/or distributed through email, social media marketing, or advertising, and further agrees that the applicant will not make any claims against the Fitness Instructor herein.

13.2 Indemnity: As a condition of access to the Membership, the Member hereby releases the Fitness Instructor and its directors and affiliates from and against any and all liabilities, expenses, legal fees and damages arising out of claims resulting or arising from the Member’s use of the Membership.

13.3 Release of Claims: The Member releases any right to claims against the Fitness Instructor to the maximum extent as permissible under applicable law. The Member agrees that under no circumstances will the Fitness Instructor be liable to any party, for any type of damages resulting, or claiming to result from any use of, or reliance on, our Membership or content found therein, and the Member hereby releases the Fitness Instructor from any and all claims whether known now or discovered in the future.

  1. WAIVER

14.1 In consideration of being permitted to participate in the Membership, the Member agrees to assume full responsibility for any risks, injuries and/or damages, physical or mental, known or unknown, now or in the future, which they might incur as a result of participation in the Membership. The Member acknowledges and understands that rebounding involves inherent risks, including but not limited to loss of balance, falls, joint or muscle strain, impact injuries, and potential aggravation of pre-existing conditions.

14.2 The Member represents and warrants that they are in good physical condition and have no medical condition and or/allergies that would prevent and/ or limit their participation in the Membership, and to follow their own physical conditioning and ability when approaching the programs in the Membership. The Member understands that it is their responsibility to consult with a physician prior to, their use of a rebounder, and ability to engage with the Membership. The Member shall bear sole responsibility for their health and well-being in the Membership and understands the Fitness Instructor will not provide any modified, or personalized programs unique to the Members needs.

14.3 Assumption of Risk: In consideration of being permitted to participate in the Membership with the Fitness Instructor, the Member agrees to assume full responsibility for any risks, injuries, and/ or damages, physical or mental, known or unknown, now or in the future, which they might incur as a result of the participation in the Membership with the Fitness Instructor.

14.4 Waiver of Rights: The Member is aware that this is a release of liability and knowingly, voluntarily and expressly waives any claim they may have against the Fitness Instructor for injury or damages that they may sustain as a result of participation in the Membership or in connection with any instruction from the Fitness Instructor or other’s representative operating with/or in connection with the Fitness Instructor while the Member is in the Membership.

  1. MODIFICATIONS

15.1 The Fitness Instructor reserves the right, at their sole discretion, to modify, replace or revise these terms and conditions of this Membership Agreement at any time and without notice. What constitutes a material change will be determined at their sole discretion. By continuing to access or use the Membership after those revisions become effective, the Member agrees to be bound by the revised terms. If the Member does not agree to the new terms, please stop accessing the Fitness Instructor’s Membership. The Fitness Instructor further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice.

  1. SEVERABILITY

16.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

  1. APPLICABLE LAW

17.1 This Agreement shall be governed by the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the Member. The Member understands this and agrees that the laws of Ontario shall have exclusive jurisdiction over any disputes relating to this agreement.

  1. BINDING EFFECT

18.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

  1. CONTACT

19.1 If there are any questions about these Terms, the Fitness Instructor can be contacted at: sydney@jumpnjacked.com.