FITNESS MENTORS LLC

    TERMS AND CONDITIONS

    PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO PLACING AN ORDER, PURCHASING AN ONLINE PRODUCT OR OFFERING, OR ENROLLING IN AN EXAMINATION, COURSE. THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU,” “YOUR”) AND FITNESS MENTORS LLC, AND GOVERN YOUR USE OF FITNESS MENTORS SERVICES, OFFERINGS, MATERIAL, AND COURSES , WHETHER DELIVERED BY SHIPMENT OR ACCESSED ONLINE, INCLUDING, BUT NOT LIMITED TO, FITNESS MENTORS CURRICULUM, BOOKS, COURSE CONTENT, INSTRUCTIONAL AND TEST PREPARATORY MATERIALS, VIDEOS, TUTORIALS, TESTING AND ASSESSMENT MATERIALS, MEMBER SERVICES, USE AND ACCESS TO WEBSITES AND RELATED FITNESS MENTORS RESOURCES AND SERVICES (COLLECTIVELY REFERRED TO HEREIN AS ” FITNESS MENTORS SERVICES”) MADE AVAILABLE TO YOU BY FITNESS MENTORS, INCLUDING BUT NOT LIMITED TO, THROUGH FITNESS MENTORS LEARNING ON DEMAND ONLINE SERVICES (“FITNESS MENTORS SERVICES”). FITNESS MENTORS SERVICES ARE REFERRED TO HEREIN AS ” FITNESS MENTORS MATERIALS.” YOU MUST AGREE TO THESE TERMS BEFORE ESTABLISHING AN ACCOUNT WITH FITNESS MENTORS, ORDERING OR ENROLLING WITH FITNESS MENTORS. BY CLICKING “I ACCEPT”, OR BY ORDERING, ENROLLING IN AN EXAMINATION OR COURSE, WITH FITNESS MENTORS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT CLICK “I ACCEPT”, AND/OR PROMPTLY RETURN THE NEW, UNUSED AND UNOPENED MATERIALS TO FITNESS MENTORS FOR A REFUND PURSUANT TO THE TERMS OF THIS AGREEMENT.
    GENERAL
    By purchasing any FITNESS MENTORS Materials, enrolling in an examination, course through FITNESS MENTORS, you are legally bound to the following terms and conditions. Prices, terms and offerings on FITNESS MENTORS website are subject to change at any time without notice.

    YOUR FITNESS MENTORS ACCOUNT
    Prior to creating an account with FITNESS MENTORS (“Account”), you will be required to provide certain information. Upon establishing an Account, you may be provided by FITNESS MENTORS with a username, access code or product code. When establishing your Account, You agree to provide complete and accurate information to FITNESS MENTORS and to permit FITNESS MENTORS to store and use your registration data for use in maintaining your Account. You agree to protect your username and password, as well as any access codes and product codes provided by FITNESS MENTORS, and not share them with others or permit any unauthorized use of the FITNESS MENTORS Materials. By establishing an Account, you certify and represent that you will be the person taking the course(s) or mentorship hours for which you have registered and that any attestations which you are required to complete in connection with the foregoing will be completed only by you.

    INTELLECTUAL PROPERTY
    You understand and agree that FITNESS MENTORS Materials constitute intellectual property and proprietary material that is owned by FITNESS MENTORS, its affiliates, or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by FITNESS MENTORS and its licensors. FITNESS MENTORS and other FITNESS MENTORS trademarks, service marks, graphics, and logos used in connection with the FITNESS MENTORS Materials are trademarks or registered trademarks of FITNESS MENTORS in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the FITNESS MENTORS Materials may be the trademarks of their respective owners. FITNESS MENTORS and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos.

    You agree to abide by all copyright notices and restrictions contained on www.FITNESS MENTORS.com, on the FITNESS MENTORS Materials and in accordance with this Agreement. You may not copy, distribute, enter into a database, display, perform, create derivative works, transmit or otherwise use any Materials, except that you may download one copy of any FITNESS MENTORS Materials accessible online so long as you comply with the terms of this Agreement. All FITNESS MENTORS Materials are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark or other notice displayed on the NASM Materials. All rights are reserved.

    NO RESALE
    FITNESS MENTORS Materials are not provided for redistribution or resale under this Agreement. Offenders will be punished to the full extent of the law.

    LICENSE TERMS
    FITNESS MENTORS Materials made available to you by FITNESS MENTORS are licensed, and not sold, to you, subject to the terms of this Agreement and your timely payment of any fees due and payable by you to FITNESS MENTORS. Your license to use FITNESS MENTORS Materials is subject to your prior acceptance of this Agreement and you agree that these terms will apply to each FITNESS MENTORS Material, including any updates or enhancements thereto. You are not authorized to assign or transfer this license or your access code, username, or password to any other person or entity. Other than the rights granted to you in this Agreement, FITNESS MENTORS grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the FITNESS MENTORS Materials (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the FITNESS MENTORS Materials). You agree to use FITNESS MENTORS Materials only as permitted under this Agreement and any terms delivered with the FITNESS MENTORS Materials. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your license to use FITNESS MENTORS Materials. If FITNESS MENTORS reasonably suspects that you have violated this Agreement, or if you have not paid fees any fees that are due and payable by you to FITNESS MENTORS, then, without notice to you, FITNESS MENTORS may terminate this Agreement, the license, and your Account and deny you further access to FITNESS MENTORS Materials. Upon termination of this license, you shall cease all use of the FITNESS MENTORS Materials and remain liable for paying all amounts that may be due and payable by you to FITNESS MENTORS. FITNESS MENTORS reserves the right to modify, suspend, remove, or disable access to any FITNESS MENTORS Materials at any time without notice and in no event will FITNESS MENTORS be liable for making any such changes.

    REGISTRATION
    FITNESS MENTORS recommends that examination candidates enroll at least 60 days prior to an anticipated Fitness examination date to allow time for adequate preparation time. All enrollments, including enrollments from bulk purchases, are nontransferable.

    ELIGIBILITY
    Candidates must be at least 18 years of age to participate in any FITNESS MENTORS course or examination. NASM Certified Personal Trainer (“NASM CPT”) candidates must show proof of current CPR and AED certification and photo identification to the PSI/LaserGrade testing facility before taking the exam. NASM CPT candidates are not required to purchase, enroll or participate in any NASM educational offering and may register solely for the NASM CPT examination.

    Candidates for an advanced specialization (PES, CES) must hold either a bachelor’s degree in a health and fitness field or have a current NASM CPT certification. Candidates may also petition for eligibility with a bachelor’s degree in a field other than health and fitness if they have extensive health and fitness industry experience. Exam enrollments and any applicable extension fees must be paid in full before candidates are eligible to take an exam.

    PAYMENT
    FITNESS MENTORS accepts payment in the form of personal or business checks, cash, Visa, MasterCard, Discover and American Express. If for any reason payment is incomplete (returned check, declined credit card, etc.), the Account will be placed on hold and the member will be unable to access or complete any online material, quizzes or exams until a confirmed payment source is received, processed and approved. A Financing option is available for all certification courses and is provided by Healthcare Finance Direct at a minimum of $500 and a maximum of $10,000. Discounts do not apply when using the Financing option. A $12 per month finance charge applies to these orders. When paying by financing, the terms and conditions of Healthcare Finance Direct Financing Contract will apply. FITNESS MENTORS has the right to reject any order and/or to limit quantities on any order, for any reason at its sole discretion.

    USER ACCESS
    Upon the purchase of any and all online study packages, a username and password will be given that provides access to the purchased course. The username and password will be valid for 1 year from the date of purchase. After the 1 year of time access to the course will be discontinued. Only upon providing proof of a failed exam will an extension be granted for an additional 3 months. If no proof of failure is provided the user will be responsible for purchasing the package again at full price and will receive an additional 1 year of access.

    RETURNS, REFUNDS, EXCHANGES

    THE PURCHASE OF ALL PDF STUDY GUIDES ARE FINAL.

    For the CEU Courses, the Online Course, Audio Lectures, and Practice Tests FITNESS MENTORS has a 48 hour return policy.* You must contact FITNESS MENTORS within 48 hours of purchase for approval of all returns. The 48 hour return policy is calculated from the date and hour of purchase.

    • All shipping, handling, finance and installment fees are non-refundable for purposes of this refund policy.
    • A 10% restocking fee will be charged on all returns (restocking fee also includes online products and courses).
    • Bulk orders will only be refunded if the entire order is returned.
    • Materials (products and courses) purchased by installment need to be returned within 48 hours of purchase. After that, the sale is final and scheduled Financing installment charges will continue
    • All sales are final after 48 hours.
    • All enrollments are non-transferable

    *If 5 or more quizzes have been taken or a Final Exam attempt has been made on any course, the entire course is non-refundable.

    *If more than 30% of the lessons have been accessed and/or any materials have been downloaded the course is non-refundable.

    After initial purchase, corporate discounts will only be honored within 48 hours of purchase with proof of employment provided on purchase date. Sales promotions and discounts are not stackable.

    FITNESS MENTORS will not refund any amounts for materials, workshops, exams or retests returned after 48 hours from the date of purchase.

    Exchanges are subject to prevailing price differences and are allowed within 48 hours of purchase. If a member enrolls for a revised edition of a course, NO return or refund will be offered for the discontinued course. Defective products are eligible for exchange within 48 hours of purchase.

    CERTIFICATIONS
    Certifications are valid for two years and must be renewed by submitting the NASM Recertification Application, 2.0 approved Continuing Education Units (CEUs), including CPR/AED certification (worth 0.1 CEU), and the prevailing and applicable recertification fee. Certification for the NASM CPT will be awarded upon successful completion (scaled score of 70) of the examination taken at a PSI / LaserGrade facility. The examination must be scheduled and completed within 180 days of the course completion date. If you do not take your test within 180 days from your course completion date , you may schedule a retest (at an additional cost of $200) at any time after your testing period has expired.

    EXAM CANCELLATIONS OR RESCHEDULING
    To reschedule or cancel the NASM Certified Personal Trainer (NASM CPT) examination, candidates must call NASM’s examination provider, PSI / LaserGrade at 1-800-211-2754 directly. A fee will be charged to candidates who cancel or reschedule an exam with less than 24 hours notice. A fee will be charged to candidates who do not show for a scheduled exam. FITNESS MENTORS is not liable for testing site closures and/or additional expenses (e.g. travel) that may be incurred by the candidate during the course of the examination process. Please report site closures to the NASM Board of Certification (1-800-460-6276) for assistance.

    YOUR MENTORSHIP EXPERIENCE

    Once you purchase the 20-Hour Mentorship or 10-Hour Mentorship packages you will be designated a Fitness Mentor based on preference and location. If a specific mentor is preferred it must be stated upon the purchase of a package. It is the responsibility of you and the Fitness Mentor to develop a schedule to complete your allotted hours. It is the co-responsibility of the Fitness Mentor and student to log the hours you have completed. Failure to accurately log hours results in dismissal of the Fitness Mentor. Failure to complete all hours within a 6 month time period results in expiration of the remaining hours. Failure to take the Certification Test with 180 days after completion of the online course forfeits your test eligibility.

    A request for a transfer to another Fitness Mentor must be stated before the first 6 mentorship sessions. If a mentor is no longer able to perform his duties for any reason, it is the responsibility of the student to contact Fitness Mentors to request a transfer. To file a complaint against a Fitness Mentor due to unethical or inappropriate behavior contact Fitness Mentors at Eddie@fitnessmentors.com. If at any point you feel like the educational experience is not up to Fitness Mentors standards, a request for transfer or a complaint can be filed.

    Fitness Mentors is not liable for injury or death as a result of working with a Fitness Mentor. A medical exam should be done to ensure you are fit for physical activity.

    THE FITNESS MENTORS GUARANTEE
    FITNESS MENTORS offers a guarantee that, if you enroll and complete the Online Course for the NASM-CPT Exam or Online Course for the ACE CPT Exam in accordance with the terms and conditions set forth herein, you will pass the NASM-CPT  or ACE-CPT examination on your first attempt, or FITNESS MENTORS will fund 1 retest. This money back guarantee applies to the Online Course for the ACE CPT Exam and Online Course for the NASM CPT Exam only and does not apply to any other products certification course.

    To receive this refund, you must meet the following terms and conditions:

    • You must purchase the Online Course for the ACE CPT Exam or Online Course for the NASM CPT Exam.
    • You must complete all tasks and assignments for that course including:
    1. Listening to all Power Point Lectures and Audio Book Lectures
    2. Complete and write down all assignments within the course (submission of all completed assignments is necessary for refund)
    3. Pass all quizzes with the score of 80% or better
    4. Complete all of the final exams at 90% or better before taking the examination test.
    • You must complete an Adult CPR/AED Certification at least 2 weeks prior to your scheduled exam date
    • You must take the NASM CPT or ACE CPT Credentialing exam within 8 weeks of course completion.
    • Any refund must be requested from FITNESS MENTORS member services department within thirty (30) days after taking the NASM CPT or ACE CPT examination.  This FITNESS MENTORS Guarantee only applies to the failure of the NASM CPT or ACE CPT Credentialing exam taken within 8 weeks of course completion and only to the fee associated with a retest.

    FITNESS MENTORS reserves the right to request evidence of purchase, course completion and/or of examination failure.  FITNESS MENTORS may, at any time and without prior notice, change the terms of, or discontinue, this FITNESS MENTORS Guarantee.

    COMPLETION 
    Upon confirmation of a passed NASM Exam, coinciding with the purchased course package, access will be withdrawn from the online materials associated with the aforementioned  package. This will ensure use is limited only to the person in which the package is purchased for. Only upon a written email, reasoning why access is to be maintained, will an exception to the rule be debated by Fitness Mentors staff.

    RECERTIFICATION
    Recertification is handled by NASM and you must contact them for recertification information. Here is more information about recertification: The NASM CPT certification must be recertified every two years. 2.0 CEUs from an NASM approved provider must be completed before the certification expiration date, or within 90 days of the expiration date including a late fee. Recertification applications will be accepted by the NASM Board of Certification up to one year after the expiration date, provided that the candidate is ADULT CPR/AED certified, has completed 2.0 CEUs before the certification expiration date or within 90 days of the expiration date, and has paid a current late fee and the current recertification fee.

    Specific requirements are as follows:

    1. Complete the NASM Recertification Application.
    2. Include documentation of 1.9 continuing education units from an NASM approved provider.
    3. Include a copy of the front and back of your ADULT CPR/AED certification from an approved ADULTCPR/AED provider. This will count for .1 CEUs.
    4. Include the then current recertification fee.
    5. Include any late fees, if applicable.
    6. Mail all items prior to your certification expiration date to the NASM Board of Certification (“NASM BOC”).

    If you purchase the NASM Recertification for Life product, and pay for such product in full, the recertification fee requirement set forth above shall not apply; however, all other recertification requirements and conditions set forth herein shall apply and not be altered by your purchase of the Recertification for Life product.

    NASM reserves the right to discontinue offering or change the terms of the NASM Recertification for Life product to new purchasers at any time and without prior notice.

    PROMOTIONS AND DISCOUNTS
    Corporate pricing and bulk enrollment discounts for products and courses are available. Please contact a FITNESS MENTORS Sales Associate at (424) 675-0476 for more details. Discounts, promotions and credits may not be combined with other offers. Additional restrictions may apply.

    SHIPPING
    In-stock items normally ship in 2 business days for orders placed before 12 noon PST, Monday through Friday, excluding holidays. Access to online courses may take 2 business days to process.

    LIMITATION OF LIABILITY
    IN NO EVENT WILL FITNESS MENTORS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE FITNESS MENTORS MATERIALS, INCLUDING WITHOUT LIMITATION SERVICES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, FITNESS MENTORS’S LIABILTY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

    In no event shall FITNESS MENTORS total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

    INDEMNIFICATION
    By accepting this Agreement and using FITNESS MENTORS, you agree that you will indemnify and hold Fitness Mentors, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, your use of the Fitness Mentor’s Materials, or any action taken by Fitness Mentors to protect its intellectual property, including, but not limited to, suspension or termination of your access to the materials.

    TRADEMARKS
    FITNESS MENTORS logos, trademarks, and servicemarks (“Marks”) are owned by FITNESS MENTORS. You may not use the Marks without the prior written approval of FITNESS MENTORS.

    MISCELLANEOUS
    FITNESS MENTORS reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately when posted on this site and will govern your continued use of FITNESS MENTORS Materials.

    Your access to online course FITNESS MENTORS Materials will expire 1 year from your enrollment date.

    This Agreement is governed by the laws of the State of California, U.S.A., without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the State of California, U.S.A. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No FITNESS MENTORS employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement, unless such modification is in a written agreement signed by an authorized representative of each party.

    This Agreement is the entire and exclusive agreement between FITNESS MENTORS and you regarding your use of FITNESS MENTORS Materials and replaces any prior agreements between you and FITNESS MENTORS regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. FITNESS MENTORS failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. FITNESS MENTORS is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of FITNESS MENTORS control. This Agreement, and the license rights granted herein, are not assignable by you and any attempt to do so is of no force and effect.

    FITNESS MENTORS reserves the right to take steps FITNESS MENTORS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that FITNESS MENTORS has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as FITNESS MENTORS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FITNESS MENTORS right to cooperate with any legal process relating to your use of the Services and/or Materials, and/or a third-party claim that your use of the Services and/or Materials is unlawful and/or infringes such third party’s rights).


    NON DISCRIMINATION POLICY


    Objective

    Fitness Mentors is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, [Company Name] expects that all relationships among persons in the office will be business-like and free of explicit bias, prejudice and harassment.

    Fitness Mentors has developed this policy to ensure that all its employees can work in an environment free from unlawful harassment, discrimination and retaliation. Fitness Mentors will make every reasonable effort to ensure that all concerned are familiar with these policies and are aware that any complaint in violation of such policies will be investigated and resolved appropriately.

    Any employee who has questions or concerns about these policies should talk with the director of human resources or a member of the personnel practices committee.

    These policies should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-related social activities or discussions. In other words, no one should make the mistake of engaging in discrimination or exclusion to avoid allegations of harassment. The law and the policies of Fitness Mentors prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further those policies, not to form the basis of an exception to them.

    Equal employment opportunity

    It is the policy of [Company Name] to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, national origin, genetic information, or any other characteristic protected by law. Fitness Mentors prohibits any such discrimination or harassment.

    Retaliation

    Fitness Mentors encourages reporting of all perceived incidents of discrimination or harassment. It is the policy of Fitness Mentors to promptly and thoroughly investigate such reports. Fitness Mentors  prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports.

    Sexual harassment

    Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purposes of this policy, “sexual harassment” is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

    Title VII of the Civil Rights Act of 1964 recognizes two types of sexual harassment: a) quid pro quo and b) hostile work environment. Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature.

    Harassment

    Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal, written or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law, or that of his or her relatives, friends or associates, and that: a) has the purpose or effect of creating an intimidating, hostile or offensive work environment, b) has the purpose or effect of unreasonably interfering with an individual’s work performance, or c) otherwise adversely affects an individual’s employment opportunities.

    Harassing conduct includes epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group that is placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on company time or using company equipment by e-mail, phone (including voice messages), text messages, social networking sites or other means.

    Individuals and Conduct Covered

    These policies apply to all applicants and employees, whether related to conduct engaged in by fellow employees or by someone not directly connected to [Company Name] (e.g., an outside vendor, consultant or customer).

    Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings and business-related social events.

    Reporting an Incident of Harassment, Discrimination or Retaliation

    Fitness Mentors encourages reporting of all perceived incidents of discrimination, harassment or retaliation, regardless of the offender’s identity or position. Individuals who believe that they have been the victim of such conduct should discuss their concerns with their immediate supervisor, any member of the personnel practices committee, human resources or any ombudsman. See the complaint procedure described below.

    In addition, Fitness Mentors encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that his or her behavior is unwelcome and to request that it be discontinued. Often this action alone will resolve the problem. Fitness Mentors recognizes, however, that an individual may prefer to pursue the matter through complaint procedures.

    Complaint Procedure

    Individuals who believe they have been the victims of conduct prohibited by this policy or believe they have witnessed such conduct should discuss their concerns with their immediate supervisor, human resources, any member of the personnel practices committee or any ombudsman.

    Fitness Mentors encourages the prompt reporting of complaints or concerns so that rapid and constructive action can be taken before relationships become irreparably strained. Therefore, while no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment.

    Any reported allegations of harassment, discrimination or retaliation will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.

    Fitness Mentors will maintain confidentiality throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.

    Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately and will be promptly investigated and addressed.

    Misconduct constituting harassment, discrimination or retaliation will be dealt with appropriately. Responsive action may include, for example, training, referral to counseling or disciplinary action such as a warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or termination, as Fitness Mentors believes appropriate under the circumstances.

    If a party to a complaint does not agree with its resolution, that party may appeal to Fitness Mentors executive director or the chief operating officer.

    False and malicious complaints of harassment, discrimination or retaliation (as opposed to complaints that, even if erroneous, are made in good faith) may be the subject of appropriate disciplinary action.