TERMS AND CONDITIONS

TERMS & CONDITIONS

1) Ordering and Delivery Policy

Ordering: You must place your order 72 hours in advance of when you want the program to start (e.g. for Monday start, you must order the program no later than 11:59PM PST the preceding Thursday).

Perishable Contents/Refrigeration/Preparation Instructions: Each delivery is made in a small cooler bag containing ice packs. Its contents are perishable and must be refrigerated immediately. Upon delivery, you are responsible for the maintenance of your meals and their preparation; we do not assume any liability for the failure to refrigerate contents promptly or properly after delivery, or the failure to properly prepare meals per heating or other instructions provided.

Container Returns/Charges: Your meals will arrive on ice in a cooler bag. We’ll pick up the previous delivery’s cooler bag with ice packs when we make your next delivery. We require that you leave the cooler bag with ice packs outside your door, in a secure area (notify us if the area is not secure).

You will be charged a non-refundable, one-time cooler bag fee of $25.00. You agree that if you do not return all cooler bags with ice packs by the end of each delivery week, you will be automatically charged an additional $25.00. Cooler bags and ice packs are not considered “returned” until they are in our physical possession.

Delivery Area: Fitness Kitchen LA delivers to homes across LA County (excluding north of Agua Dulce,) Orange County, San Diego County, Riverside County (excluding desert regions,) San Bernadino County (excluding mountain & desert regions,) Ventura County and Santa Barbara. Click here to check if we deliver to your area. If your home or workplace falls outside this area, please contact us for a custom delivery fee.

PLEASE NOTE that deliveries are OVERNIGHT. We do NOT disturb, call or text customers while delivering, and it is your responsibility to provide us in advance of your start date with a code, key or FOB if one is required for property access.

Delayed/Missed Deliveries: We cannot provide delivery-time guarantees, however, most deliveries arrive by 6:00 a.m. The most frequent causes of delayed or missed deliveries are: (i) incomplete or inaccurate address and contact information, (ii) proper means of access to the premises (security code, etc.), (iii) you are not present and/or accessible by telephone at the time of delivery, (iv) unsafe, dangerous or impractical conditions that prevent access to your premises (guard dogs, hazards, construction, no loading zone, etc.), (v) “force majeure” conditions such as extreme weather, strikes or anticipated strikes, local disputes, civil unrest, health emergencies, crime, natural disasters, or disruption or failure of communication, transportation and information/data systems. We shall not be deemed liable and refunds will not be issued for missed deliveries due to any of the above, or for any other occurrences or circumstances beyond our control. In the highly unlikely event that we have to cancel your delivery, the number of meals cancelled will be automatically added to the end of your program.

Drop-Off Orders: If you have agreed to allow us to drop off your meals (i.e. without a representative of Fitness Kitchen LA personally handing the delivery to you or your designee), delivery shall be deemed complete and received by you upon drop-off. Once the delivery has been dropped off, we will not be responsible for misplacement or theft of the delivery.

2) Pricing, Billing Policy and Cancellation

Meal Prices: Meal-plan pricing varies, please see our Meal Plans & Pricing page or contact us for detailed pricing information. Prices are subject to change uniformly for all customers. When new pricing is posted to our website, you agree that you shall have been notified of changes and that they shall be applicable to you.

Delivery Charges: Effective June 1, 2017 meal delivery fees range from $5.50 to $9.50 per day to your home across LA County (excluding north of Agua Dulce,) Orange County, San Diego County, Riverside County (excluding desert regions,) San Bernadino County (excluding mountain & desert regions,) Ventura County and Santa Barbara. Click here to check if we deliver to your area. If your home falls outside this area, please contact us for a custom delivery fee.

Cooler Bag Charges: You will be charged a non-refundable, one-time cooler bag fee of $25.00. You agree that if you do not return all cooler bags and ice packs by the end of each delivery week, you will be automatically charged an additional $25.00. Cooler bags and ice packs are not considered “returned” until they are in our physical possession.

Payment: We accept all major U.S. credit and debit cards. If you purchased a weekly recurring subscription, you will be charged in advance, on the Friday prior to each week’s delivery. You agree that we may charge your credit card in the event of missed payments, insufficient funds or other payment discrepancies. You agree to maintain valid billing information on file and to notify us of any changes to the status of the account associated with the credit or debit card on file. We are under no obligation to deliver meals if payment is not received per the terms above.

Discounts: When you order a weekly recurring subscription, you receive an automatic discount applied to your order. We also offer group and corporate discounts. Please call us about group and corporate-discount pricing and to confirm other discount pricing. Our discount policy is subject to change uniformly for all customers. When new discount terms are posted to our website, you agree that you shall have been notified of changes and that they shall be applicable to you.

Referrals: If you are interested in our referral program, please e-mail us.

Program Changes, Cancellations and Refunds: All changes to weekly recurring subscriptions must be made through your account by Thursday at11:59pm PST for the following week’s deliveries. Clients are responsible for submitting account changes, no adjustments can be made after Thursday at 11:59pm PST. Fitness Kitchen LA clients will be responsible for all charges relating to any order processed after the cutoff date/time.

Cancellation requests must be submitted in writing to Info@FItnessKitchenLA.com. Orders can be cancelled for a 100% refund up to 7 days prior to the start of your program. For cancellations up to 4 days prior to the start of your program, Fitness Kitchen LA will refund 50% of the program cost. Within 4 days of your program start date, no refunds will be issued; however, you can have it sent to someone else.

3) Medical Considerations

YOU MUST CONSULT YOUR DOCTOR IF YOU ARE ON MEDICATION; FURTHERMORE, MEAL PLANS ARE NOT MEANT TO REPLACE OR SUPERSEDE DOCTOR-PRESCRIBED DIET PLANS.

Medication/Doctor-Prescribed Diet Plans: If you are taking medication, you must consult your physician before you start our meal programs. Fitness Kitchen LA’s programs do not replace a physician’s advice; if you are using our meal plans as part of a doctor-prescribed diet, you shall be ultimately responsible for ensuring compliance with such diet. Furthermore, if you have diabetes or other medical conditions of any kind, you shall be responsible for maintaining your diet to ensure compliance with the requirements of such conditions. Our meal recommendations shall not be deemed medical advice.

Food Sensitivities and Allergies: YOU ARE RESPONSIBLE FOR DETERMINING WHETHER ANY FOOD ALLERGIES MAY OCCUR. Although we will provide ingredient lists as and when requested, Fitness Kitchen LA is not responsible for any allergic or other adverse reactions you might have to our food.

4) Customized Nutritional Plan

Customized nutritional planning is available upon special request and incurs additional fees. Please contact us if you would like further information about our PERSONAL CHEF services.

5) Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for a Fitness Kitchen LA account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By creating a Fitness Kitchen LA account or signing up for our newsletter, you also consent to receive electronic communications from Fitness Kitchen LA (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

6) Our Lawyer Asked Us to Also Let You Know …

Intellectual Property: Fitness Kitchen LA is a trademark of TMT Enterprises, LLC. All rights reserved. All other logos, images and marks on this site are the property of their respective owners and no claim of ownership is being made. Users may not use any trademarks, logos or service marks displayed on the site for any purpose without written permission of TMT Enterprises, LLC. This website and its content, including editorial, graphics, banners, placement and design, are copyright TMT Enterprises, LLC. All rights reserved. The use of material, including, without limitation, logos, text, graphics and other copyrighted materials on the site, is limited to one copy for personal, non-commercial viewing and use only.

Website Use Policy: Please review the following terms of your use of FitnessKitchenLA.com (the Site), a division of TMT Enterprises, LLC. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. This Site and all its contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Site or any related software. You may not use any trademarks or copyrighted material provided on the Site to create hypertext links to or from the Site without the express written permission of TMT Enterprises, LLC. TMT Enterprises, LLC reserves the right to revise the Terms of Use at any time upon notice to end users, which notice shall be deemed given upon posting of changes on the Site.

Disclaimers, Indemnification and Limitation of Liability: This Site and the Fitness Kitchen LA program is provided by TMT Enterprises, LLC on an “as is” and “as available” basis. TMT Enterprises, LLC makes no warranties or representations of any kind, express or implied, as to the operation of the Site, the Fitness Kitchen LA program, or the information, content, materials or products included on the Site and within the Fitness Kitchen LA program. You agree to defend, indemnify and hold harmless TMT Enterprises, LLC from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and the Fitness Kitchen LA program. Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, will TMT Enterprises, LLC or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of the Fitness Kitchen LA program, the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of TMT Enterprises, LLC has been advised of or should have known of the possibility of such damages.

Links to Third Party Sites: The Site contains links to servers maintained by other businesses and organizations. TMT Enterprises, LLC does not provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file of the type the user might download from such websites.

Limitation of Liability: Meal plans are provided on an “AS IS” basis. We do not warrant the accuracy, truth or validity of the information contained in the meal plans. You acknowledge and agree that, due to possible human or mechanical error as well as other factors, we shall not be responsible for mistakes or omissions in the information provided along with the meal plans or any supporting ingredient lists or meal guides. IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE MEAL PLANS.

Severability: Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof, and the remainder of this Agreement shall continue in full force and effect.

Governing Law: This Agreement shall be construed and governed in accordance with the laws of the United States and the State of California. Disputes: Any dispute relating in any way to the use of our meal plans or to products you purchase through this website shall be submitted to confidential arbitration in Los Angeles, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, or as necessary to collect unpaid amounts payable, we may seek relief (including injunctive or other appropriate relief) in any state or federal court in California. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of Century City Mediation and Arbitration – ADR Services, Inc. (www.ADRServices.org). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

No Waiver: The failure of either party to enforce any rights granted hereunder or to take any action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Complete Agreement: This Agreement constitutes the entire understanding between you and TMT Enterprises, LLC with respect to the use of the meal plans and other services offered on this website, or otherwise through Fitness Kitchen LA and its associated and affiliated offices, businesses, service providers, and it supersedes any prior or contemporaneous proposal, representation, or understanding between the parties, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of TMT Enterprises.