BY USING OUR PLATFORM YOU ACCEPT THESE TERMS

By using our Platform, you confirm that you accept these Terms and that you agree to comply with them. There are other terms that may apply to you. If you do not agree to these Terms, you must not use our Platform.

HEALTH & SAFETY WARNING

Please note that following any of the physical exercise workouts, routines and program in this production or elsewhere on our Platform, or replicating any of the activities shown may involve strenuous physical movement which carries the risk of injury.

You are responsible for exercising only within your own physical limits. Not all exercises are suitable for everyone. If you feel pain, discomfort, or dizziness do not continue. It is advised that you seek medical advice before embarking upon a new exercise regime, including the use of any recommended gym or other fitness equipment shown in any of the content.

Although all content is provided with your health and safety in mind, it is critical that you follow all health and safety and other instructions provided, and that you take appropriate medical advice before following any of the physical exercise workouts, routines or activities shown. This is particularly important if you have pre-existing physical or underlying medical conditions, if you are prone to injury, or if you are pregnant or breastfeeding.

Nothing contained within this workout should be construed as any form of medical advice or diagnosis. No doctor-patient relationship is created as a result of you viewing any of our content.

The warm up is essential in helping to lubricate your joints and raise your core body temperature, so reducing your risk of injury. For these reasons, we strongly recommend you never skip this element of your session.

For obvious reasons, it's best not to perform your workouts directly after eating.

Always complete the cool down at the end of each workout to avoid possible dizziness due to blood pooling in your muscles.

You may feel soreness in your muscles in the 24-48 hours following a workout but rest assured this is a positive sign, confirming you have worked your body hard enough to produce the microscopic changes that will lead to you becoming slimmer, firmer and fitter.

ADDITIONAL SAFETY GUIDELINES - EQUIPMENT

Always ensure that you use any recommended gym or other fitness equipment shown in any of the content correctly and in line with manufacturers' instructions and other safety guidelines. Always check the equipment is in safe usable condition before use.

PARTICIPATION OF CHILDREN

Our Platform and fitness content is not designed for (and is not suitable for) viewing or use by children under the age of 16, unless specifically stated otherwise by means of an age-appropriate warnings. Where specific content is specified for viewing and use by children, it is essential for health and safety purposes that this is closely supervised by a parent or responsible adult at all times.

RESULTS VARY

The results you will achieve as a result of following any physical exercise workouts, routines or programs will vary. A combination of exercise and suitable diet are required to achieve and maintain desired results such as weight loss and muscle definition. The results shown in any of our productions may have been achieved by using a combination of other work-out and fitness programs as well as those shown.

We recommend that you print a copy of these Terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to the following additional terms, which also apply to your use of our Platform:

- Our Privacy Policy.

- Our Cookie Policy, sets out information about the cookies on our website.

- If you become a User to our Platform, our 'User Terms & Conditions' will apply to you.

- If you purchase goods from our Platform, our Terms & Conditions of Supply will apply to those sales.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these Terms from time to time. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR PLATFORM

We may update and change our Platform from time to time to reflect changes to our services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR PLATFORM

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@rushfit.com

INTELLECTUAL PROPERTY RIGHTS

Rushfit and other service or product names, logos and material (Platform Services) used on our Platform constitute (or include) trademarks belonging to us (or relevant third party rights holders).

Our Platform and all material published on it including images, graphics, photos, audio and audio-visual recordings and other content (Proprietary Content) which is proprietary to us or relevant third party rights holders. Those works are protected by copyright laws and treaties around the world. All rights in such Proprietary Content are reserved. Subject to the terms of any separate user licence from us, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works or otherwise use any Proprietary Content in any form, by any means, or for any purpose, without our express prior written consent in each instance.

If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You agree that you will:

- not copy, rent, lease, sub-license, loan, provide, or otherwise make available the Platform Services in any form, in whole or in part to any person without prior written consent from us;

- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform Services nor permit the Platform Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform Services on devices as permitted by us;

- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform Services nor attempt to do any such things, except to the extent that such actions cannot be legally prohibited;

- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any Platform Service.

ACCEPTABLE USE RESTRICTIONS

You must:

- not use any Platform Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any Platform Service or any operating system;

- not infringe our intellectual property rights or those of any third party in relation to your use of any Platform Services (to the extent that such use is not licensed by these Terms);

- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any Platform Services

- not use any Platform Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

- not collect or harvest any information or data from any Platform Service or our systems or attempt to decipher any transmissions to or from the servers running any Platform Service.

You may use our Platform only for lawful purposes. You may not use our Platform:

- in any way that breaches any applicable local, national or international law or regulation, or which is fraudulent, or has any unlawful or fraudulent purpose or effect.

- for the purpose of harming or attempting to harm minors in any way.

- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards

- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

- Not to access without authority, interfere with, damage or disrupt:

- any part of our Platform;

- any equipment or network on which our Platform is stored;

- any software used in the provision of our Platform; or

- any equipment or network or software owned or used by any third party.

DO NOT RELY ON INFORMATION ON THIS PLATFORM

The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

YOUR CONTENT AND ACCOUNT

A. User Generated Content.

The Rushfit Platform may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, testimonials, success stories, or other content (“User Generated Content”). User Generated Content that you submit through the Rushfit Platform or any other associated social site will be stored, maintained and used by Rushfit in accordance with our Privacy Policy. You acknowledge certain types of User Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.

You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Rushfit in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.

You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by Rushfit including as contemplated by these Terms. You agree to indemnify and hold us and our affiliates, parent companies, and subsidiaries, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with Rushfit's use or exploitation of User Generated Content.

We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Platform Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of Rushfit, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Rushfit.

B. License to Your User Generated Content. We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Platform Services and on third-party sites and Platforms such as Facebook, Instagram,TikTok,YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on our websites or in any other commercial manner. We are not, however, obligated to use your User Generated Content.

C. Public Forums. Certain Platform Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same. You acknowledge and agree Rushfit is not responsible for any content posted on public forums by any third parties, including without limitation any content which you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful.

D. Member Public Profiles. When you create an account with us (Rushfit), you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others.

Rushfit relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Rushfit does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.

You are solely responsible for your interactions with other members. You acknowledge and agree that Rushfit does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. Rushfit does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

- Different limitations and exclusions of liability will apply to liability arising as a result of you becoming a user to our Platform, which are set out in our User Terms and Conditions or relating to the supply of any products to you, which will be set out in our Terms and conditions of Supply.

If you are a business user:

- We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

--- use of, or inability to use, our Platform; or

--- use of or reliance on any content displayed on our Platform

- In particular, we will not be liable for:

--- loss of profits, sales, business, or revenue;

--- business interruption;

--- loss of anticipated savings;

--- loss of business opportunity, goodwill or reputation; or

--- any indirect or consequential loss or damage.

If you are a consumer user:

- Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

YOUR PRIVACY - HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use any personal data we collect through your use of the Platform and Platform Services in the ways set out in our Privacy Policy unless you are using a specific service to which a different privacy policy applies, detailed when you access that service.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

UPLOADING CONTENT TO OUR PLATFORM

Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the Content Standards set out below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Platform will be considered non- confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with our content standards.

You are solely responsible for securing and backing up your content.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our Platform (Contribution), and to any interactive services associated with it.

- Be accurate (where it states facts).

- Be genuinely held (where it states opinions).

- Comply with the law applicable in Canada and in any country from which it is posted.

A Contribution must not:

- be defamatory of any person.

- be obscene, offensive, hateful or inflammatory.

- promote sexually explicit material.

- promote violence.

- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

- infringe any copyright, database right or trade mark of any other person.

- be likely to deceive any person

- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

- promote any illegal activity

- be in contempt of court

- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

- be likely to harass, upset, embarrass, alarm or annoy any other person.

- impersonate any person, or misrepresent your identity or affiliation with any person.

- give the impression that the contribution emanates from us, if this is not the case. • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

- contain any advertising or promote any services or web links to other sites.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the Platform Services, you agree to us collecting and using technical information about the devices you use to access those services and related software, hardware and peripherals to improve our products and to provide any Platform Services to you.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

Certain Platform Services will make use of location data sent from your devices. If you use these Platform Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer and/or any other electronic device to access our Platform. You should use your own virus protection software.

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial- of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

RULES ABOUT LINKING TO OUR PLATFORM

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Platform in any website that is not owned by you.

Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

The website to which you are linking must comply in all respects with the content standards set out in these Terms.

If you wish to link to or make any use of content on our Platform other than that set out above, please contact hello@rushfit.com

BREACH OF THESE TERMS

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms may result in our taking all or any of the following actions:

- immediate, temporary or permanent withdrawal of your right to use our Platform

- immediate, temporary or permanent removal of any contribution uploaded by you to our Platform.

- issue of a warning to you.

- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

- further legal action against you.

- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by the laws applicable in the province of Quebec, Canada. You and we both agree that the courts of the province of Quebec, Canada will have exclusive jurisdiction.

If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws applicable in the province of Quebec, Canada. We both agree to the exclusive jurisdiction of the courts of the province of Quebec, Canada.