POSTURE FOR WELLNESS
TERMS OF SERVICE AND LIABILITY WAIVER
Effective Date: August 20th, 2026
This Terms of Service and Liability Waiver (this “Agreement”) is a legally binding contract between you (“Subscriber,” “you,” or “your”) and POSTURE FOR WELLNESS, LLC, an Ohio Limited Liability Company (“Operator,” “we,” “us,” or “our”), with its principal place of business at 2903 Riva Ridge, Toledo, Ohio. This Agreement governs your access to and use of the Posture for Wellness website located at https://postureforwellness.com/home (the “Website”) and all services provided through the Website.
By subscribing to or using the Website, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement. If you do not agree to these terms, do not use the Website or subscribe to the service.
1. Description of Service
Posture for Wellness provides video content to improve posture through yoga-related exercises, which is delivered through the Website on a subscription basis (the “Service”). The Service includes access to a library of pre-recorded instruction videos, tutorials, guided practices, and related educational content.
Access to the Service requires either a paid monthly subscription at a rate of Twenty-Five Dollars ($25.00) per month or an annual subscription at a rate of On Hundred Seventy-Five Dollars ($175), subject to the subscription terms set forth in Section 5 below.
The content provided through the Service is intended for general informational and educational purposes only. It is not medical advice, diagnosis, treatment, or a substitute for the advice of a physician or qualified health professional.
2. Assumption of Risk and Physical Activity Disclaimer
2.1 Acknowledgment of Inherent Risks
You acknowledge and agree that yoga, posture exercises, and related physical activities involve inherent risks of injury or harm. These risks include, but are not limited to:]
• Muscle soreness, sprains, strains, and tears
• Falls and impact injuries
• Dizziness, lightheadedness, or fainting
• Aggravation or worsening of pre-existing medical conditions
• Joint injuries, back injuries, or repetitive-stress injuries
• Cardiovascular events in susceptible individuals
• Other injuries or physical harm that may result from physical activity
You understand that these risks exist regardless of the care and precautions taken by the Operator, and you voluntarily assume all such risks.
2.2 Consultation with Healthcare Provider
You are strongly encouraged to consult with a qualified healthcare provider before beginning any exercise program, including the activities described in content available through the Service. You should seek medical clearance particularly if you:
• Are pregnant or nursing
• Have a pre-existing injury or medical condition
• Have a history of cardiovascular disease or other chronic conditions
• Are unsure whether the content is appropriate or safe for your physical condition
2.3 Subscriber Responsibilities
By using the Service, you agree to the following responsibilities:
(a) You will practice in a safe, clear space free of hazards;
(b) You will immediately stop any activity if you experience pain, dizziness, shortness of breath, or any other sign of physical distress;
(c) You will not attempt to perform poses, movements, or activities that are beyond your physical capacity or experience level;
(d) You will select content appropriate for your fitness and experience level;
(e) You assume full responsibility for your decision to engage in any activity demonstrated or described in the content.
3. Release and Waiver of Liability
To the fullest extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue the Operator, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, in connection with or resulting from your use of the Service.
This release includes, without limitation, claims arising from:
• Physical injury sustained while performing activities depicted in the content
• Aggravation of pre-existing conditions
• Property damage occurring during your use of the content
• Reliance on any information provided through the Service
This waiver and release applies regardless of whether such loss, damage, or injury is caused by the negligence of the Released Parties or otherwise, to the extent permitted by applicable law.
Nothing in this Section shall be construed to release the Operator from liability for harm caused by gross negligence, willful misconduct, or fraud, or in any circumstance where such a release is prohibited by applicable law.
4. Intellectual Property and Content Ownership
4.1 Ownership
All content available through the Service, including without limitation all videos, text, graphics, images, logos, trademarks, service marks, trade dress, website design, software, and related materials (collectively, the “Content”), is owned by or licensed to the Operator and is protected by applicable intellectual property laws, including copyright, trademark, and trade secret law.
4.2 Limited License
Subject to your compliance with this Agreement and payment of applicable subscription fees, the Operator grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely for your personal, non-commercial use. This license does not include the right to:
• Copy, download (except where expressly permitted by the Website’s functionality), record, or reproduce the Content in any form
• Redistribute, publish, broadcast, or publicly perform any Content
• Share, transfer, or disclose your login credentials to any third party
• Use the Content for any commercial purpose
• Scrape, data mine, or use automated tools to access or extract Content
• Reverse engineer, decompile, or disassemble any software or technology used to deliver the Service
• Frame, mirror, or create derivative works based on the Content
4.3 Termination of License
This license terminates automatically upon expiration or cancellation of your subscription or upon any breach of this Agreement. Upon termination, you must immediately stop all use of the Content.
5. Subscription Terms, Cancellation, and Refund Policy
5.1 Subscription Fees
The Service is offered on a monthly subscription basis at a rate of $25.00 per month or an annual subscription rate of $175 per year. For the monthly subscription, your subscription will automatically renew on a monthly basis until canceled in accordance with Section 5.3. For the annual subscription, your subscription will automatically renew on an annual basis until canceled in accordance with Section 5.3. No later than 30 days before the expiration date of your annual subscription, we will provide you with notice of the expiration of your agreement by email sent to the email address you have registered with us.
5.2 Billing
Subscription fees are billed on a recurring monthly basis beginning on the date of your initial subscription. You are responsible for maintaining an accurate and current payment method on file. If your payment method is declined or fails, we reserve the right to suspend or terminate your access to the Service until payment is successfully processed.
5.3 Cancellation
You may cancel your subscription at any time through your account settings on the Website or by contacting us at [email protected]. Cancellation will take effect at the end of your then-current billing period. You will continue to have access to the Service through the remainder of the billing period for which you have already paid.
5.4 Refund Policy
Subscription fees are generally non-refundable. No prorated refunds will be issued for partial billing periods. Refunds will be provided only where required by applicable law or as expressly stated in a separate written policy made available on the Website.
5.5 Price Changes
The Operator reserves the right to change subscription pricing. Any price changes will be communicated to you with reasonable advance notice and will apply prospectively beginning with your next billing cycle following such notice. Your continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT SHALL THE OPERATOR OR ANY RELEASED PARTY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE TOTAL AGGREGATE LIABILITY OF THE OPERATOR AND THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNTS PAID BY YOU TO THE OPERATOR DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) SEVENTY-FIVE DOLLARS ($75.00).
The limitations set forth in this Section shall not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and in such jurisdictions, the Operator’s liability shall be limited to the fullest extent permitted by law.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict-of-laws principles, except to the extent preempted by federal law (including the Federal Arbitration Act with respect to the arbitration provisions herein).
8. Dispute Resolution and Binding Arbitration
8.1 Agreement to Arbitrate
You and the Operator agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, the Service, your subscription to Posture for Wellness, your activity using the Service, or any aspect of the relationship between you and the Operator (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth in Section 8.6 below.
8.2 Arbitration Administrator and Rules
All arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Consumer Rules”). The AAA Consumer Rules are available on the AAA’s website. If there is any conflict between this Agreement and the AAA Consumer Rules, this Agreement shall govern to the extent permitted by the AAA Consumer Rules.
8.3 Seat and Location of Arbitration
The seat and location of arbitration shall be Toledo, Ohio. If in-person proceedings are required, they shall take place in Toledo, Ohio. To the extent permitted by the AAA Consumer Rules, arbitration proceedings may be conducted by telephone, video conference, or based on written submissions, at the election of either party or as directed by the arbitrator.
8.4 Waiver of Class Action and Jury Trial
YOU AND THE OPERATOR EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND THE OPERATOR EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. All Disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.
8.5 Arbitration Fees and Costs
Payment of all filing, administration, and arbitrator fees shall be governed by the AAA Consumer Rules. As of the effective date of this Agreement, the AAA Consumer Rules generally provide that the consumer’s share of arbitration costs is capped and that the business bears certain administrative and arbitrator fees. The Operator will not seek to recover its attorneys’ fees and costs in arbitration unless the arbitrator determines that a claim is frivolous.
8.6 Small Claims Court Exception
An exception to the agreement to arbitrate is that either party may bring an individual action in small claims court for Disputes within the jurisdiction of such court. If a Dispute is filed in small claims court and remains within small claims court jurisdiction, neither party may require that the Dispute be submitted to arbitration.
8.7 Survival
This arbitration agreement shall survive termination or expiration of this Agreement and your use of the Service.
9. General Provisions
9.1 Entire Agreement
This Agreement constitutes the entire agreement between you and the Operator with respect to its subject matter and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.
9.2 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. If the class action waiver in Section 8.4 is found to be unenforceable, then the entirety of Section 8 (Dispute Resolution and Binding Arbitration) shall be null and void.
9.3 Modification
The Operator reserves the right to modify this Agreement at any time. Material changes will be communicated to Subscribers via email or conspicuous notice on the Website. Your continued use of the Service following such notice constitutes acceptance of the modified terms.
9.4 Contact Information
If you have questions about this Agreement, please contact:
Posture for Wellness Administrator
10. Acknowledgment and Consent
BY SUBSCRIBING TO OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY ITS PROVISIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
© 2026 Posture for Wellness® · All content © Sharon Kripke