Practice Togetherly Terms of Service

Last updated April 15, 2026

These Terms of Service (these "Terms") constitute a legally binding agreement between you ("you" or "User") and Practice Togetherly, LLC a Delaware limited liability company ("Practice Togetherly," "we," "us," or "our"), governing your access to and use of the Practice Togetherly website located at https://www.practice-togetherly.com/ and all related services, features, and functionality (collectively, the "Platform").

The Platform is currently in alpha testing and is scheduled to launch on May 1, 2026 in Virginia, United States.

1. Agreement to Terms

1.1 Acceptance. By accessing or using the Platform, creating an account, or clicking to accept or agree to these Terms when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

1.2 Privacy Policy. Our Privacy Policy, available at https://www.practice-togetherly.com/agreements/privacy, describes how we collect, use, and disclose information about you. The Privacy Policy is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to the Privacy Policy.

1.3 Authority to Bind. If you are accessing or using the Platform on behalf of a company, organization, or other legal entity (an "Organization"), you represent and warrant that you have the authority to bind such Organization to these Terms. In such case, "you" and "your" shall refer to both you individually and such Organization.

2. About Practice Togetherly

2.1 Marketplace Platform. Practice Togetherly operates an online marketplace platform that connects individuals and organizations seeking in-person fitness and wellness services ("Clients") with independent fitness and wellness professionals ("Instructors") who provide such services. Practice Togetherly is a technology platform only and does not itself provide fitness, wellness, or any other services.

2.2 Not a Service Provider. PRACTICE TOGETHERLY IS NOT A FITNESS OR WELLNESS SERVICE PROVIDER. Practice Togetherly does not employ Instructors, and Instructors are not agents, employees, joint venturers, or partners of Practice Togetherly. Practice Togetherly does not supervise, direct, or control the services provided by Instructors.

2.3 Facilitation Only. Practice Togetherly facilitates the connection between Clients and Instructors and processes payments on behalf of Instructors. Practice Togetherly is not a party to any agreement between a Client and an Instructor for the provision of services. Any contract for services is solely between the Client and the Instructor.

2.4 No Endorsement. The inclusion of any Instructor on the Platform does not constitute an endorsement, recommendation, or guarantee by Practice Togetherly of such Instructor's qualifications, skills, reliability, or suitability for any purpose.

3. Eligibility

3.1 Age Requirement. You must be at least eighteen (18) years of age to access or use the Platform. By accessing or using the Platform, you represent and warrant that you are at least eighteen (18) years of age. If you are under eighteen (18) years of age, you may not access or use the Platform under any circumstances.

3.2 Geographic Restrictions. The Platform is available only in the United States. All sessions booked through the Platform must take place at a physical location within the United States. By using the Platform, you represent and warrant that you are located in the United States and that any sessions you book or provide will occur at a physical location within the United States.

3.3 Accuracy of Information. You represent and warrant that all information you provide to Practice Togetherly in connection with your use of the Platform is accurate, current, and complete, and you agree to update such information as necessary to maintain its accuracy.

4. Account Registration

4.1 Account Creation. To access certain features of the Platform, including booking sessions, you must create an account. When creating an account, you will be required to provide your name, email address, and zip code, and you may be required to provide additional information. You agree to provide accurate, current, and complete information during the registration process.

4.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify Practice Togetherly immediately of any unauthorized access to or use of your account. You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities.

4.3 One Account Per User. Each User may maintain only one account on the Platform. A single account may hold both Instructor and Client roles. Users who hold both roles are subject to the applicable terms for each role when acting in that capacity. Instructor-specific obligations (including those set forth in Section 7) apply whenever the User is acting as an Instructor, and Client-specific obligations apply whenever the User is acting as a Client.

4.4 Account Deletion. You may request deletion of your account at any time by contacting us at help@practicetogetherly.com. Upon account deletion, we will remove your personal information from the Platform in accordance with our Privacy Policy; provided, however, that we may retain de-identified transaction history and other information as necessary for our legitimate business purposes, legal compliance, and dispute resolution.

5. User Types

5.1 Clients. "Clients" are Users who use the Platform to browse, search for, and book sessions with Instructors. Clients may be individuals booking sessions for themselves or, where applicable, Organizational Clients booking sessions for their members or employees.

5.2 Instructors. "Instructors" are independent fitness and wellness professionals who use the Platform to offer and provide in-person fitness and wellness sessions to Clients. Instructors are subject to these Terms and the additional terms set forth in Section 7 (Instructor Terms).

6. Bookings and Sessions

6.1 Browsing. You may browse Instructor profiles and available services on the Platform without creating an account. Browsing is subject to reasonable anti-scraping and rate-limiting measures. Automated access, scraping, or data harvesting is prohibited without Practice Togetherly's prior written consent.

6.2 Booking Process. To book a session, a Client must create an account and submit a booking request specifying the type of session, preferred date(s) and time(s), the address where the session will take place, and any additional information requested (such as fitness goals or relevant health information). Booking requests are subject to Instructor acceptance and availability.

6.3 Session Location. All sessions booked through the Platform are in-person sessions that take place at a location designated by the Client. The Instructor travels to the Client's designated location. Practice Togetherly does not control, inspect, or verify the safety, suitability, or legality of any session location. Clients are solely responsible for ensuring that the designated location is safe, suitable, and legally available for the session.

6.4 Communication. Once a booking request is submitted, messaging functionality between the Client and Instructor will be enabled. Communications may occur through the Platform's messaging system and via email. Practice Togetherly may monitor communications conducted through the Platform for safety, quality assurance, and compliance purposes.

6.5 No Guarantee of Availability. Practice Togetherly does not guarantee the availability of any Instructor or session type. Instructor availability is determined solely by the Instructors themselves.

7. Instructor Terms

This Section 7 sets forth additional terms applicable to Instructors. By registering as an Instructor on the Platform, you agree to the following:

7.1 Independent Contractor Status. You acknowledge and agree that you are an independent contractor and not an employee, agent, joint venturer, or partner of Practice Togetherly. You are solely responsible for determining the manner and means by which you provide services to Clients. You are solely responsible for all federal, state, and local taxes, including income taxes, self-employment taxes, and any other taxes arising from your activities on the Platform. Practice Togetherly will not withhold any taxes from payments made to you. Practice Togetherly or its payment processor may issue tax reporting forms (such as IRS Form 1099-K or 1099-NEC) as required by applicable law. You are solely responsible for reporting all income earned through the Platform to the applicable tax authorities, regardless of whether you receive a tax reporting form from Practice Togetherly.

7.2 Profile Review. All Instructor profiles are subject to review and approval by Practice Togetherly in its sole discretion. Practice Togetherly may approve, reject, or require modifications to any Instructor profile for any reason or no reason. Approval of an Instructor profile does not constitute an endorsement, verification, or guarantee of the Instructor's qualifications, skills, or suitability.

7.3 Credentials and Certifications. You represent and warrant that all credentials, certifications, licenses, and qualifications listed in your profile are accurate, current, and valid. You agree to update your profile promptly if any credential, certification, license, or qualification expires, is revoked, or otherwise becomes invalid. PRACTICE TOGETHERLY DOES NOT VERIFY INSTRUCTOR CREDENTIALS, CERTIFICATIONS, LICENSES, OR QUALIFICATIONS. All such information is self-reported by Instructors.

7.4 Insurance. You represent and warrant that you maintain professional liability insurance with coverage of at least One Million Dollars ($1,000,000) per occurrence. Practice Togetherly reserves the right to request proof of insurance at any time. Failure to provide proof of insurance upon request, or failure to maintain the required insurance coverage, may result in immediate suspension or termination of your account.

7.5 Pricing. Instructors set their own prices for sessions. Practice Togetherly does not control or dictate Instructor pricing. All prices displayed on the Platform are set by the Instructors and are subject to the Platform fee described in Section 8.1.

7.6 Compliance with Law. You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of the Platform and your provision of services to Clients, including any licensing or certification requirements applicable to your profession.

7.7 Non-Circumvention. You agree that you will not, directly or indirectly:

  1. Solicit, encourage, or induce any Client to book sessions or obtain services from you outside of the Platform;
  2. Share your personal contact information, social media handles, or other means of direct communication with any Client for the purpose of circumventing the Platform;
  3. Accept direct payment from any Client for services that were initially arranged or facilitated through the Platform.

This non-circumvention obligation shall remain in effect during your use of the Platform and for a period of twelve (12) months following the later of (a) the termination or deletion of your account, or (b) your last session with the applicable Client booked through the Platform. Violation of this Section 7.7 shall result in immediate termination of your account and forfeiture of all pending payouts.

7.8 Indemnification by Instructors. You agree to indemnify, defend, and hold harmless Practice Togetherly and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your provision of services to Clients; (b) any breach of your representations, warranties, or obligations under these Terms; (c) any injury, illness, death, or property damage arising from or related to your services; (d) your violation of any applicable law; or (e) any dispute between you and a Client.

8. Payments, Fees, and Cancellations

8.1 Platform Fee. Practice Togetherly charges a platform fee equal to twenty percent (20%) of the session price set by the Instructor (the "Platform Fee"). The Platform Fee includes all payment processing fees. The Instructor's payout is the session price less the Platform Fee.

8.2 Payment Processing. All payments are processed through Stripe, Inc. ("Stripe"). By using the Platform as an Instructor, you agree to be bound by Stripe's terms of service, available at https://stripe.com/legal. Practice Togetherly is the merchant of record for all transactions on the Platform. When a Client books a Session, the full Session price is charged to the Client's payment method and held in Togetherly's Stripe account. Practice Togetherly is responsible for processing refunds and managing payment disputes. Practice Togetherly does not store your full credit card or debit card number; all payment credentials are handled directly by Stripe in accordance with Stripe's security and privacy practices.

8.3 Payment Timing. Payment for sessions is collected from the Client at the time of booking. Funds are released to the Instructor two (2) business days after the scheduled session is completed.

8.4 Client Cancellations. If a Client cancels a booked session:

  1. Forty-eight (48) or more hours before the scheduled session start time: The Client will receive a full refund of the session price, minus any non-refundable payment processing fees charged by Stripe.
  2. Less than forty-eight (48) hours before the scheduled session start time: No refund will be issued, and the Instructor will receive payment as if the session had been completed.

8.5 Instructor Cancellations. If an Instructor cancels a booked session, the Client will receive a full refund of the session price, including any payment processing fees. Instructors who cancel three (3) or more sessions within a three-month period may be subject to account suspension, termination, or other consequences at Practice Togetherly's sole discretion.

8.6 Instructor Tardiness. Instructors are expected to arrive at the session location on time. Instructors who arrive fifteen (15) or more minutes late to three (3) or more sessions within a three-month period may be subject to account suspension, termination, or other consequences at Practice Togetherly's sole discretion.

8.7 No-Shows. If an Instructor fails to appear for a scheduled session without prior cancellation (a "No-Show"), the Client will receive a full refund. Instructors who commit No-Shows may have their accounts suspended or terminated at Practice Togetherly's sole discretion.

8.8 Disputes. If you believe you are entitled to a refund or have a dispute regarding a session or payment, you must report the dispute to Practice Togetherly within 24 hours of the scheduled session time by contacting help@practicetogetherly.com. Practice Togetherly will review the dispute and determine, in its sole discretion, whether a refund or other remedy is appropriate. Practice Togetherly's determination regarding disputes is final and binding.

9. Health and Wellness Disclaimer; Assumption of Risk

9.1 Not Medical Advice. The Platform and the services provided by Instructors are for general fitness and wellness purposes only and do not constitute medical advice, diagnosis, or treatment. Nothing on the Platform or in any session should be construed as medical advice or a substitute for professional medical care.

9.2 Consult a Physician. You should consult with a qualified healthcare provider before beginning any fitness or wellness program, particularly if you have any pre-existing medical conditions, injuries, or health concerns. Practice Togetherly and Instructors are not qualified to provide medical advice and do not do so.

9.3 Health Representations. By booking a session through the Platform, you represent and warrant that EITHER (a) you have obtained approval from a licensed physician to participate in physical exercise and fitness activities, OR (b) all of the following statements are true:

  1. You do not have a heart condition and have not been told by a doctor that you should only do physical activity recommended by a doctor;
  2. You do not feel pain in your chest when you do physical activity or when you are not doing physical activity;
  3. You have not experienced dizziness, loss of balance, or loss of consciousness in the past twelve (12) months;
  4. You do not have a bone or joint problem that could be made worse by physical activity;
  5. You are not currently taking prescription medication for blood pressure or a heart condition;
  6. You are not pregnant or do not have reason to believe you may be pregnant;
  7. You do not know of any other reason why you should not do physical activity; and
  8. All health information you have provided to Practice Togetherly or any Instructor is truthful and complete.

If any of the foregoing representations ceases to be true, you agree to immediately stop using the Platform to book sessions until you have obtained written approval from a licensed physician to participate in physical exercise and fitness activities.

9.4 Exercise Safety. If you experience pain, faintness, dizziness, shortness of breath, nausea, or any other concerning symptoms during a session, you must stop exercising immediately, inform your Instructor, and seek medical attention if appropriate. You are solely responsible for monitoring your own physical condition during sessions.

9.5 Proper Form. The risk of injury increases when exercises are performed with improper form or technique. You assume sole responsibility for how you perform any exercises during sessions. Neither Practice Togetherly nor any Instructor guarantees that you will perform exercises with correct form, and neither Practice Togetherly nor any Instructor shall be liable for injuries resulting from improper form or technique.

9.6 Assumption of Risk. YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN FITNESS AND WELLNESS ACTIVITIES INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL INJURY, ILLNESS, DISABILITY, AND DEATH. YOU VOLUNTARILY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF PRACTICE TOGETHERLY, ANY INSTRUCTOR, OR ANY OTHER PARTY. YOU AGREE THAT PRACTICE TOGETHERLY SHALL NOT BE LIABLE FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, OR OTHER HARM RESULTING FROM YOUR PARTICIPATION IN ANY SESSION OR USE OF THE PLATFORM.

9.7 Instructor Qualifications. Practice Togetherly does not verify, endorse, or guarantee the qualifications, credentials, certifications, skills, or abilities of any Instructor. All information regarding Instructor qualifications is self-reported by Instructors. You are solely responsible for evaluating the qualifications and suitability of any Instructor before booking a session.

9.8 Acknowledgment. Clients are required to acknowledge the health representations and assumption of risk described in this Section 9 at the time of account creation and again at the time of booking each Session. Instructors are required to acknowledge the terms set forth in Section 7 at the time of account creation and again at the time of submitting a profile for review. These acknowledgments are a condition of using the Platform, and Practice Togetherly may maintain records of such acknowledgments.

10. User Content

10.1 User Content Defined. "User Content" means any content, materials, or information that you submit, post, upload, or otherwise make available on or through the Platform, including profile information, reviews, ratings, comments, messages, photographs, and any other content.

10.2 Responsibility for User Content. You are solely responsible for your User Content. You represent and warrant that: (a) you own or have the necessary rights to use and authorize the use of your User Content; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other rights; and (c) your User Content complies with these Terms and all applicable laws.

10.3 License to Practice Togetherly. By submitting User Content to the Platform, you grant Practice Togetherly a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in any media now known or hereafter developed, for any purpose, including promoting and operating the Platform.

10.4 Review Content. Notwithstanding Section 10.3, all reviews and ratings submitted through the Platform ("Review Content") are owned by Practice Togetherly. You may not reproduce, republish, or use Review Content outside of the Platform without Practice Togetherly's prior written consent. Instructors may not use reviews or ratings from the Platform in any off-platform marketing, advertising, or promotional materials.

10.5 Embedded Third-Party Content. The Platform may contain content embedded from third-party services. Such content is subject to the terms and policies of the applicable third-party service providers.

10.6 Content Moderation. Practice Togetherly reserves the right, but has no obligation, to monitor, review, edit, or remove any User Content at any time and for any reason, including User Content that Practice Togetherly believes violates these Terms or is otherwise objectionable.

10.7 No Endorsement. Practice Togetherly does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Practice Togetherly expressly disclaims any and all liability in connection with User Content.

10.8 DMCA Takedown Procedure.

(a) Designated Copyright Agent. Practice Togetherly's designated agent for receiving notifications of claimed copyright infringement ("Copyright Agent") is: Practice Togetherly, LLC, 16192 Coastal Hwy, Lewes, DE, 19958.

(b) Notice Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Platform, you may notify our Copyright Agent. For your notice to be effective, it must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Practice Togetherly to locate the material;
  4. Information reasonably sufficient to permit Practice Togetherly to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

(c) Counter-Notification. If you believe that your User Content that was removed or to which access was disabled is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content, you may send a counter-notification to our Copyright Agent containing the following:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification; and
  4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court located in Delaware and that you will accept service of process from the person who provided notification of the alleged infringement.

(d) Repeat Infringer Policy. Practice Togetherly will terminate the accounts of Users who are repeat infringers of copyright in appropriate circumstances.

11. Intellectual Property

11.1 Practice Togetherly's Intellectual Property. The Platform, including all content, features, functionality, software, text, graphics, logos, trademarks, service marks, and other materials (collectively, "Practice Togetherly IP"), is owned by Practice Togetherly or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly provided in these Terms, Practice Togetherly does not grant you any rights in or to the Practice Togetherly IP.

11.2 Limited License to Users. Subject to your compliance with these Terms, Practice Togetherly grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial use (or, for Instructors, for your use in connection with providing services through the Platform). This license does not include the right to: (a) modify, copy, or create derivative works of the Platform or any Practice Togetherly IP; (b) reverse engineer, decompile, or disassemble any software used in connection with the Platform; (c) rent, lease, loan, sell, sublicense, or otherwise transfer the Platform or any Practice Togetherly IP to any third party; or (d) use the Platform or any Practice Togetherly IP for any commercial purpose not expressly permitted by these Terms.

11.3 Instructor Content Ownership. Instructors retain ownership of any original content they create independently of the Platform (such as workout routines, training programs, or instructional materials), subject to the license granted to Practice Togetherly in Section 10.3 with respect to any such content submitted to the Platform.

12. Acceptable Use

You agree not to use the Platform to:

  1. Violate any applicable federal, state, local, or international law or regulation;
  2. Infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other rights;
  3. Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
  4. Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  5. Engage in any fraudulent, deceptive, or misleading conduct;
  6. Interfere with or disrupt the Platform or servers or networks connected to the Platform;
  7. Use any robot, spider, scraper, or other automated means to access the Platform without Practice Togetherly's prior written consent;
  8. Attempt to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform;
  9. Collect or harvest any personally identifiable information from the Platform without authorization;
  10. Use the Platform to send unsolicited commercial communications (spam);
  11. Circumvent, disable, or otherwise interfere with any security-related features of the Platform;
  12. Use the Platform in any manner that could damage, disable, overburden, or impair the Platform; or
  13. Assist, encourage, or enable any other person to do any of the foregoing.

13. Account Suspension and Termination

13.1 Termination by User. You may terminate your account at any time by following the account deletion process described in Section 4.4 or by contacting us at help@practicetogetherly.com.

13.2 Termination or Suspension by Practice Togetherly. Practice Togetherly may suspend or terminate your account and your access to the Platform at any time, with or without cause, and with or without notice. Without limiting the foregoing, Practice Togetherly may suspend or terminate your account if:

  1. You violate any provision of these Terms;
  2. You engage in conduct that Practice Togetherly determines, in its sole discretion, is harmful to other Users, Instructors, Clients, or Practice Togetherly;
  3. You provide false, inaccurate, or misleading information;
  4. You fail to pay any amounts owed to Practice Togetherly or any Instructor;
  5. You engage in fraudulent or illegal activity;
  6. Practice Togetherly receives complaints about your conduct from other Users;
  7. You fail to respond to communications from Practice Togetherly;
  8. Your account has been inactive for an extended period; or
  9. Practice Togetherly determines, in its sole discretion, that suspension or termination is necessary to protect the Platform, other Users, or Practice Togetherly.

13.3 Graduated Enforcement. Practice Togetherly may, but is not required to, provide warnings or implement temporary suspensions before terminating an account. Practice Togetherly reserves the right to immediately terminate any account without prior warning in cases of serious violations.

13.4 Effect of Termination. Upon termination of your account: (a) your right to access and use the Platform will immediately cease; (b) any pending bookings may be cancelled; (c) for Instructors, any pending payouts may be forfeited if termination is due to violation of these Terms; and (d) provisions of these Terms that by their nature should survive termination shall survive, including Sections 7.7, 7.8, 9, 10.3, 10.4, 14, 15, 16, 17, 19, and 23.

13.5 Investigation and Law Enforcement Cooperation. Practice Togetherly reserves the right to investigate suspected violations of these Terms. Practice Togetherly may, without limitation: (a) report any activity that Practice Togetherly suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties; (b) disclose your identity, contact information, and other information about you to law enforcement officials, regulators, or other third parties in response to a valid subpoena, court order, or other legal process, or where Practice Togetherly believes such disclosure is necessary to protect the rights, property, or safety of Practice Togetherly, other Users, or the public; and (c) cooperate with law enforcement investigations.

14. Disclaimers

14.1 As-Is Basis. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRACTICE TOGETHERLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PRACTICE TOGETHERLY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14.2 No Warranty Regarding Instructors. PRACTICE TOGETHERLY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, RELIABILITY, QUALIFICATIONS, CREDENTIALS, OR SUITABILITY OF ANY INSTRUCTOR. PRACTICE TOGETHERLY DOES NOT VERIFY INSTRUCTOR CREDENTIALS, CERTIFICATIONS, OR QUALIFICATIONS. ALL INFORMATION REGARDING INSTRUCTORS IS SELF-REPORTED. YOU USE THE SERVICES OF ANY INSTRUCTOR AT YOUR OWN RISK.

14.3 No Warranty Regarding Locations. PRACTICE TOGETHERLY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SAFETY, SUITABILITY, OR LEGALITY OF ANY SESSION LOCATION. PRACTICE TOGETHERLY DOES NOT INSPECT, CONTROL, OR VERIFY SESSION LOCATIONS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE SAFETY AND SUITABILITY OF ANY SESSION LOCATION.

14.4 Third-Party Services. The Platform contains links to or integrations with third-party websites, services, or content, including but not limited to the following: Stripe (payment processing); Cloudinary (image hosting); Leaflet and OpenStreetMap Nominatim (interactive maps); Google Fonts (typography); PostHog (analytics); and Resend (email delivery). Practice Togetherly does not control, endorse, or assume any responsibility for any third-party websites, services, or content. Your use of third-party services is at your own risk and subject to the terms and policies of such third parties.

15. Limitation of Liability

15.1 Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRACTICE TOGETHERLY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF PRACTICE TOGETHERLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PRACTICE TOGETHERLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO PRACTICE TOGETHERLY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

15.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PRACTICE TOGETHERLY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PRACTICE TOGETHERLY. PRACTICE TOGETHERLY WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

15.4 Application to Claims Against Instructors. The limitations of liability set forth in this Section 15 apply to claims against Instructors to the extent such claims are brought against Practice Togetherly based on the acts or omissions of Instructors.

15.5 Release of Claims. You hereby release Practice Togetherly and its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, losses, liabilities, costs, and expenses of any kind arising out of or relating to any dispute between you and any other User, including any dispute between a Client and an Instructor. Practice Togetherly is not responsible for the acts or omissions of any User.

15.6 Waiver of Unknown Claims. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU ALSO WAIVE ANY SIMILAR STATUTE OR COMMON LAW PRINCIPLE IN ANY OTHER JURISDICTION THAT WOULD LIMIT THE SCOPE OF A GENERAL RELEASE.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

16.1 Informal Resolution. Before initiating any arbitration or court proceeding, you agree to first contact Practice Togetherly at help@practicetogetherly.com and attempt to resolve any dispute informally. If Practice Togetherly is not able to resolve the dispute informally within thirty (30) days of receiving your notice, either party may proceed to arbitration as set forth below.

16.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The arbitration shall be conducted in English. The seat of arbitration shall be Wilmington, Delaware, unless the parties agree otherwise or the arbitrator determines that in-person proceedings are not necessary.

16.3 Class Action Waiver. YOU AND PRACTICE TOGETHERLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND PRACTICE TOGETHERLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

16.4 Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court.

16.5 Excluded Claims. Notwithstanding the foregoing, the following claims are excluded from the arbitration requirement and may be brought in a court of competent jurisdiction:

  1. Claims for infringement or misappropriation of copyright, trademark, or trade secret rights;
  2. Claims arising under the Computer Fraud and Abuse Act;
  3. Claims for defamation;
  4. Claims by Practice Togetherly to enforce the non-circumvention provisions of Section 7.7; and
  5. Requests for emergency equitable relief to maintain the status quo pending arbitration.

16.6 Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules, and you agree to reimburse Practice Togetherly for all fees paid by Practice Togetherly that are your obligation to pay under the AAA Rules.

16.7 Opt-Out. You may opt out of this arbitration agreement by sending written notice to Practice Togetherly at Practice Togetherly, LLC, 16192 Coastal Hwy, Lewes, DE 19958, United States within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and Practice Togetherly will retain the right to litigate any dispute in court.

16.8 Confidentiality of Arbitration. The existence, content, and outcome of any arbitration proceeding, including any settlement, shall be kept confidential by both parties, except as may be required by law, to enforce an arbitration award, or to disclose to professional advisors bound by confidentiality obligations.

16.9 Severability of Arbitration Provision. If the class action waiver set forth in Section 16.3 is found to be entirely invalid or unenforceable, then this entire Section 16 shall be void and of no effect, and any disputes shall be resolved exclusively in the state or federal courts located in Delaware. Under no circumstances shall any dispute be resolved through class-wide arbitration.

17. Governing Law; Jurisdiction

These Terms and any dispute arising out of or relating to these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. For any disputes not subject to arbitration under Section 16, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, and you waive any objection to venue in such courts.

18. Modifications to Terms

Practice Togetherly reserves the right to modify these Terms at any time in its sole discretion. If Practice Togetherly makes material changes to these Terms, Practice Togetherly will notify you by email to the email address associated with your account and by displaying a prominent notice within the Platform (such as an in-app banner). Your continued use of the Platform after the effective date of any modified Terms constitutes your acceptance of such modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and delete your account.

19. Indemnification

You agree to indemnify, defend, and hold harmless Practice Togetherly and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any third party's rights, including intellectual property rights, privacy rights, or publicity rights; or (f) any dispute between you and any other User. This indemnification obligation is in addition to, and not in lieu of, any indemnification obligations set forth in Section 7.8 for Instructors.

20. Communications

20.1 Transactional Communications. By creating an account, you agree to receive transactional communications from Practice Togetherly related to your use of the Platform, including booking confirmations, payment receipts, session reminders, and account notifications. You cannot opt out of transactional communications while maintaining an active account.

20.2 Marketing Communications. Practice Togetherly may send you marketing communications, including promotional offers, newsletters, and other marketing materials. You may opt out of marketing communications at any time by clicking the "unsubscribe" link in any marketing email or by adjusting your communication preferences in your account settings.

20.3 Consent to Electronic Communications. By using the Platform, you consent to receive communications from Practice Togetherly electronically, including by email and through notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications that Practice Togetherly provides to you electronically satisfy any legal requirement that such communications be in writing.

21. Blog and Community Content

The Platform may include a blog or other community features that allow Users to post comments and other content. All comments and content posted to the blog or community features constitute User Content and are subject to Section 10 (User Content) of these Terms. Practice Togetherly reserves the right to moderate, edit, or remove any blog comments or community content at any time and for any reason.

22. Privacy

Your privacy is important to us. Please review our Privacy Policy, available at https://www.practice-togetherly.com/agreements/privacy, which describes how we collect, use, and disclose information about you. The Privacy Policy is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

The Platform uses the following third-party services that may collect information about you:

  1. PostHog for analytics (opt-in cookies);
  2. Resend for email communications; and
  3. Stripe for payment processing.

23. General Provisions

23.1 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Practice Togetherly regarding your use of the Platform and supersede all prior and contemporaneous agreements, proposals, and communications, whether oral or written, between you and Practice Togetherly regarding the Platform.

23.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

23.3 Waiver. The failure of Practice Togetherly to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Practice Togetherly.

23.4 Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder without Practice Togetherly's prior written consent. Practice Togetherly may assign or transfer these Terms or any of its rights or obligations hereunder without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

23.5 Force Majeure. Practice Togetherly shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

23.6 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

23.7 Contact Information. If you have any questions about these Terms or the Platform, please contact us at:

Practice Togetherly, LLC
16192 Coastal Hwy
Lewes, DE 19958
United States
help@practicetogetherly.com
+1 (804) 461-3866

23.8 Platform Suspension or Discontinuation. Practice Togetherly reserves the right to suspend or discontinue the Platform, in whole or in part, at any time and for any reason, with or without notice. In the event of suspension or discontinuation, Practice Togetherly will use commercially reasonable efforts to refund Clients for any sessions that have been booked but not yet completed. Practice Togetherly shall not be liable to you or any third party for any suspension or discontinuation of the Platform.