Membership Agreement

This Membership Agreement between you (the “Member”) and FitMinded entitles the Member to participate in the FitMinded Book Club and to access and use www.befitminded.com, subject to the terms and conditions detailed below (the “Agreement”).

1. FitMinded Book Club. This Agreement entitles the Member to participate in the FitMinded Book Club (the “Club”). The Club generally provides to Members a forum in which to discuss readings on health-related matters of interest to women. Group meetings are typically limited to 15 to 20 members and are facilitated by a health promotion professional or through forums hosted on www.befitminded.com (the “Website”), depending on the Membership Level chosen by the Member, as set forth in Section 5 below.
2. Terms of Use. The Member shall, at all times, abide by the Terms of Use posted on the Website, which may be changed from time to time without prior notice by FitMinded and without the consent of the Member. The Terms of Use shall not, by implication or otherwise, amend, modify, replace or void any provision of this Agreement or of any Agreement of Release and Waiver of Liability signed by the Member.
3. Term. The initial term of this Agreement is for six (6) months beginning upon execution of this Agreement and participation in a group meeting or Website forum, depending on the Membership Level chosen by the Member, as set forth in Section 5 below (the “Initial Term”). The Initial Term cannot be terminated except as provided in Section 7 of this Agreement. After the expiration of the Initial Term, the Agreement will automatically renew for an additional one (1) month term (the “Renewal Term”) until FitMinded receives from the Member written notice of the Member’s intent to terminate this Agreement. Notice of the Member’s intent to terminate this Agreement must be received by FitMinded at least thirty (30) days before the expiration of any Term.
4. Membership Status. Any Member enrolling in the FitMinded Book Club for an Initial Term shall enroll as a FitMinded Member. Any Member enrolling in the FitMinded Book Club for a Renewal Term shall enroll as a FitMinded Champion Member.
5. Membership Levels. When the Member joins the Club, the Member shall select a Membership Level. Based on the Membership Level selected, the Club shall provide the following services to the Member:
• Cross Trainer: Includes face-to-face meeting participation (if you are an Omaha resident), audio files of meetings (accessible online), a workbook, pedometer, pedometer log/diary, activity tracking (online Pedometer tool), news, events & newsletters, access to the support section of the website, the Fit Minded Blog and Chat Room.
• PaceSetter: Include all services offered under Cross Trainer (with the exception of face-to-face meetings) plus: access to live and archived online video meetings, and 6 Live Help sessions (15 minute live web sessions with a Fit Minded team member).
• Champion Membership: Includes all Pacesetter membership items (with the exception of live and archived online video meetings) and is for those who have completed Fit Minded Cross Trainer or Pacesetter membership.
6. Membership Fees. Membership Fees are determined by the Membership Status and the Membership Level selected by the Member. Each Member shall pay one (1) Membership Status Fee per Term and one (1) Membership Level Fee per month. Membership Status Fees must be paid in full at the beginning of each Initial Term or Renewal Term. Members shall pay an initiation fee during the first month of an Initial Term. Membership Level Fees may be paid by the Member in full at the beginning of each Term or in equal consecutive monthly installments payable in advance without demand or notice on the first day of each month of the Term. The Membership Status Fees and Membership Level Fees are summarized in Exhibit A, attached hereto and incorporated by reference. Failure of the Member to pay all or any portion of any Membership Fee on or before the due date will constitute a default by the Member under this Agreement and the Club will have the rights provided by this Agreement for such default.
7. Cancellation. The Member may cancel this Agreement at any time in the event of death or total physical disability for the duration of any Term. If this Agreement is so cancelled, FitMinded is entitled to retain fees paid in advance prorated to the date of cancellation plus reimbursement for expenses incurred not to exceed 25% of the total Membership Fees and a cancellation processing fee of $25. If the Member has executed any credit or loan agreement to pay all or part of the fees provided for in this Agreement, that agreement shall also be cancelled and returned to the Member within thirty (30) days.
8. Non-Exclusive Rights. The permission granted to Member to participate in the Club and to use the Website are nonexclusive.
9. Assignment. The participation and use rights granted to the Member by this Agreement may not be assigned by the Member in whole or in part.
10. Waiver. Each Member shall sign and deliver to FitMinded an “Agreement of Release and Waiver of Liability” form prior to the person’s initial participation in the Club. The Member has examined a blank form of such release and agrees to use such form in connection with this Agreement.
11. Default. In the event that Member defaults under the terms of this Agreement, fails to abide by the Terms of Use of the Website or fails to sign and deliver a Release form as provided for in this Agreement, then FitMinded may immediately cancel this Agreement without advance notice and prohibit access to the Club or Website by the Member and thereafter pursue all other legal and/or equitable remedies against the Member, including reimbursement of all litigation expenses and reasonable attorney fees incurred in the enforcement of this Agreement.
12. Acknowledgement. Member acknowledges receipt of a signed copy of this Agreement.
13. Miscellaneous. This Agreement shall be governed by the laws of the State of Nebraska, and contains the entire agreement between the parties. This Agreement shall be amended only in writing and signed by both parties. Verbal statements by FitMinded, its agents or its employees shall not be binding and only the terms of this Agreement shall be enforceable by either party against the other party hereto. Subject to the prohibition of assignment by the Member, this Agreement shall be binding upon the heirs, successors and assigns of the parties. The parties waive trial by jury as to all issues arising out of or related to this Agreement and agree that any litigation between the parties shall be commenced in Douglas County, Nebraska.
14. Electronic Contracting. FitMinded and Member desire to facilitate certain transactions pursuant to this Agreement, including the execution of this Agreement, by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by FitMinded and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted in the State of Nebraska.

IMPORTANT – READ CAREFULLY: By clicking the "YES" button, you, as the Member, agree to be bound by the terms of this Agreement and have used your electronic signature to agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you will not be able to register as a Member and will not be able to enroll in the Club. By agreeing to be bound by the terms of this Agreement, you will be able to become a Member of the Club and will have access to all of the services in the Membership Level you have selected.